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JOURNAL 


THE  SENATE 

\ 

OF  THE 

STATE  OF  WEST  VIRGINIA, 


FOR  THE  FOURTH  SESSION, 


Commencing  January  16,  1866. 


WHEELING: 

JOHN  FREW,  PUBLIC  PRINTER. 


1866. 


V\1  5"S-S 

1266 

JOURNAL. 


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TUESDAY,  January  16,  1866. 

The  members  of  the  Senate  assembled  at  their  chamber  at  10 
o’clock,  A.  M.,  and  were  called  to  order  by  the  clerk. 

After  prayer  by  Prof.  W.  R.  White,  the  clerk  submitted  the 
returns  of  the  election  held  on  the  27th  day  of  October,  1865,  for  a 
Senator,  for  each  of  the  ten  senatorial  districts  of  the  State,  and 
presented  a list  showing,  that  the  following  persons  appear  by  said 
returns  to  be  elected  : 

First  District — Isaac  H.  Duval,  of  Brooke  county. 

Second  District — James  Burley,  of  Marshall  county. 

Third  District — John  S.  Burdett,  of  Taylor  county. 

Fourth  District — Daniel  Haymond,  of  Ritchie  county. 

Fifth  District — Edward  S.  Mahon,  of  Jackson  county. 

Sixth  District — Emmet  J.  O’Brien,  of  Barbour  county. 

Seventh  District — D.  H.  K.  Dix,  of  Putnam  county. 

Eighth  District — John  Cook,  of  Wyoming  county. 

Ninth  District — Henry  M.  Mathews,  of  Greenbrier  county. 

Tenth  District — Joseph  A.  Chapline,  ol  Jefferson  county. 

The  clerk  then  called  the  roll,  and  the  following  members,  old 
and  new,  answered  to  their  names : 

Messrs.  Burley,  Burdett,  Chapline,  Chambers,  Corley,  Dix 
Duval,  Hawkins,  Kitchen,  Mahon,  Maxwell,  Peck,  Price,  Slack, 
and  Stevenson — 15. 

Absent — Messrs.  Cook,  Haymond,  Mathews,  O’Brien  and 
Wright — 5. 

The  members  elect,  who  were  present,  then  came  forward  and 
were  qualified  according  to  law. 

The  clerk  stated  that  the  first  business  in  order  was  the  election 
of  a president  of  the  Senate. 

There  being  no  nominations,  the  members  proceeded  to  ballot  for 
a president. 

The  first  ballot  resulted  as  follows  : 

For  Aaron  Hawkins,  6 votes ; for  William  E.  Stevenson,  5 ; for 
William  Price,  2;  for  Greenbury  Slack,  1;  and  for  Bethuel  M 
Kitchen,  1.  Total  15.  Necessary  to  a choice,  8.  So  there  was  no 
election. 


1012651 


4 


Journal  of  the  Senate. 

The  second  ballot  resulted  as  follows  : 

For  William  E.  Stevenson,  10;  for  Aaron  Hawkins,  4;  and  for 
Daniel  Peck,  1.  Total  15.  Necessary  to  a choice,  8. 

So,  Mr.  Stevenson,  having  received  a majority  of  the  whole  num- 
ber of  votes  cast,  was  declared  elected  president  of  the  Senate  ; and 
the  clerk  having  appointed  Messrs.  Peck  and  Hawkins  to  conduct 
he  presiden  t to  the  chair,  they  performed  that  duty ; and  Mr. 
Stevenson  accepted  the  position  in  an  appropriate  address,  and 
entered  upon  the  discharge  of  his  duties. 

Mr.  Haymond  appeared  and  was  qualified. 

On  motion  of  Mr.  Maxwell, 

Resolved , That  Ellery  R.  Hall  is  hereby  appointed  clerk  of  the 
Senate. 

On  motion  of  Mr.  Mahon, 

/ Resolved , That  Alpheus  D.  Hagans,  be  appointed  Sergeant-at- 
arms  of  the  Senate. 

For  Doorkeeper  of  the  Senate,  Mr.  Burley  nominated  William 
M.  Dunnington,  of  Marion  county,  and  Mr.  Dix  nominated  Mr. 
Richard  G-.  Mahon,  of  Jackson  county. 

The  first  ballot  resulted  as  follows : 

For  R.  0.  Mahon,  11;  and  for  William  M.  Dunnington,  5.  Total, 
16.  Necessary  to  a choice,  9.  So,  Mr.  Mahon  was  elected. 

On  motion  of  Mr.  Peck, 

Resolved,  That  the  President  be  authorized  to  appoint  two  pages 
for  this  body. 

The  President  appointed  under  this  resolution,  Masters,  E.  S. 
Dillon  and  Charles  H.  Pumphrey. 

Mr.  Henry  M.  Mathews,  Senator  elect  for  the  9th  district 
through  the  President,  presented  a paper,  showing  that  he  had 
taken  and  subscribed  before  a Notary  Public  in  Greenbrier  county, 
an  oath  to  support  the  constitution  of  the  United  States,  and  to 
faithfully  perform  the  duties  of  the  office  of  Senator  to  the  best  of 
his  skill  and  judgment,  which  was  read. 

On  motion  of  Mr.  Burdett,  Mr.  Mathews  was  permitted  to 
address  the  Senate  in  explanation  of  his  position,  and  that  of  his 
constituents. 

At  the  conclusion  of  Mr.  Mathews  address,  the  President  stated 
that  the  oath  referred  to  as  taken  by  the  gentleman,  was  not  the 
oath  required  by  law. 

But  no  action  was  taken  by  the  Senate. 

On  motion  of  Mr.  Hawkins, 

Resolved , That  a committee  of  two  be  appointed  to  inform  the 
House  of  Delegates,  that  the  Senate  is  organized  and  ready  to  pro- 
ceed to  business. 


Journal  of  the  Senate . 5 

The  President  appointed  as  such  committee,  Messrs.  Hawkins 
and  Maxwell. 

A message  from  the  House  of  Delegates  by  Messrs.  G-ofF,  Camden 
and  McWhorter,  informed  the  Senate,  that  the  House  was  organi- 
zed, and  ready  to  proceed  to  business. 

On  motion  of  Mr.  Maxwell, 

Resolved,  That  a committee  of  two,  on  the  part  of  thd  Senate, 
and  three,  on  the  part  of  the  House  of  Delegates,  be  appointed  to 
inform  the  Governor,  that  both  Houses  of  the  Legislature  are  now 
organized  and  ready  to  receive  any  communication  he  may  desire 
to  make. 

Messrs.  Maxwell  and  Chapline  were  appointed  such  committee 
on  the  part  of  the  Senate,  and  were  directed  so  to  inform  the  House. 

A message  from  the  House  of  Delegates  by  Mr.  McWhorter, 
announced  that  the  House  had  adopted  the  following  resolution, 
and  asked  concurrence  ; and  had  appointed  thereunder,  on  the 
part  of  the  House,  Messrs.  Hornbrook,  Hagans  and  Fleming  : 

Resolved,  That  the  House  appoint  three,  and  the  Senate  be  re- 
quested to  appoint  two  members  of  a committee  to  wait  upon  His 
Excellency,  the  Governor,  and  inform  him  of  the  organization  of 
their  respective  Houses. 

The  Senate  concurred  in  said  resolution,  and  appointed  on  its 
part,  Messrs.  Maxwell  and  Chapline. 

Mr.  O’Brien  appeared  and  was  qualified. 

The  Governor’s  Message  was  then  received,  and  read  as  follows  : 

STATE  OF  WEST  VIRGINIA, 
Executive  Department,  Wheeling,  Jan.  16,  1866. 

Gentlemen  of  the  Senate 

and  House  of  Delegates : 

You  have  assembled  under  more  favorable  auspices  than  any 
preceding  legislature  of  our  State.  Since  the  adjournment  of  the 
last  legislature,  the  War  has  been  brought  to  a close  by  the 
triumph  of  the  National  arms  and  the  suppression  of  the  Rebellion. 
The  evacuation  of  the  pretended  Rebel  Capital,  and  the  flight  of 
the  chief  conspirators,  was  followed,  by  the  surrender  and  disband- 
ing of  their  armies,  and  by  the  acknowledgment  of  the  National 
authority  everywhere  throughout  the  entire  land.  It  is  a matter 
of  congratulation  among  ourselves,  as  of  profound  gratitude  to 
Almighty  God,  that  through  His  blessings  the  War  has  thus  been 
brought  to  a successful  and  happy  termination. 

RECONSTRUCTION  IN  THE  SOUTH. 

The  process  of  reorganizing  the  rebel  States  has  progressed  as 
rapidly  as,  under  the  circumstances,  could  have  been  desired,  and 
certainly  more  rapidly  than  was  at  first  expected.  In  most  of  them, 
civil  organization  has  been  in  a measure  restored : the  dangerous 


6 


Journal  of  the  Senate. 

and  unwarranted  doctrine  of  secession  has  been  abandoned ; the 
debts  created  in  support  of  the  Rebellion  have  been  repudiated; 
and  the  abolishment  of  Slavery  has  been  recognized  either  by  sepa- 
rate state  action  or  by  the  ratification  of  the  Amendment  to  the 
Constitution  of  the  United  States. 

But  while  this  much  has  been  done,  and  it  may  be  that  the 
people  of  the  South  generally  recognize  and  accept  the  fact  that 
the  Rebellion  is  ended,  and  do  not  commit  open  violence,  yet  there 
are  frequent  manifestations  of  a spirit  of  discontent  and  bitterness, 
and,  at  times,  of  disloyalty,  which  are  subject  to  serious  objection, 
and  tend  very  much  to  delay  the  full  and  complete  return  of  those 
States  to  their  original  position  and  standing  in  the  Union.  Many 
pf  these  States  have  elected  senators  and  representatives  to  Con- 
gress. Some  of  them  will,  and  perhaps  should,  be  allowed  represen- 
tation soon,  while  to  others  it  will  very  properly  be  denied  for  a 
time  Certainly  no  one  should  be  admitted  as  a member  of  either 
Hou’se  who  has  voluntarily  participated  in  the  Rebellion. 

It  has  seemed  to  me  that  too  great  anxiety  is  manifested  on  the 
part  of  those  who  actively  engaged  in  the  Rebellion  to  repossess 
themselves  of  place  and  power.  They  are  too  impatient  under  the 
safeguards  that  it  has  been  deemed  necessary  to  adopt  for  the 
protection  and  preservation  of  the  Government.  They  were  engaged 
four  long  years,  with  all  the  means  they  could  command,  in  their 
efforts  to  sever  the  Union  and  subvert  the  Constitution.  They 
persistently  reject  all  overtures  of  reconciliation  on  the  basis  of 
the  integrity  of  the  Union,  until  they  were  compelled  by  the  strong 
arm  of  power  to  surrender  and  submit  to  the  lawful  authority.  It 
has  scarcely  been  nine  months  since  their’rebellious  organization — 
stable  and  powerful  as  they  supposed — was  bidding  defiance  to  the 
Government ; yet  now  they  gravely  insist  upon  the  right  to  imme- 
diate participation  in  the  making  and  administration  of  the  laws  of 
that  Government,  in  the  same  manner  and  as 'fully  as  if  they  had 
not  so  recently  sought  its  destruction.  It  must  be  apparent  that 
time  should  be  taken  on  this  subject.  Nevertheless,  it  is  no  doubt 
the  desire  of  every  patriot  in  the  land  that  at  no  very  distant 
period  it  may  be  found  compatible  with  the  safety  and  interest  of 
the  whole  country  to  restore  to  these  States  their  due  representa- 
tion in  the  Government,  and  that  the  whole  may  once  more  become 
an  united,  harmonious  and  happy  people. 

REORGANIZATION  IN  THE  STATE. 

Permanent  civil  organization  has  been  restored  throughout  our 
own  State,  except  in  five  or  six  counties  on  the  extreme  eastern 
border.  These  have  been  partially  organized,  and  would  have  been 
entirely  so,  had  my  efforts  to  that  end  been  seconded  as  they  should. 
But  I regret  to  be  compelled  to  state  that  many  of  the  intelligent 
and  leading  participants  in  the  Rebellion,  instead  of  counselling 
observance  of  the  law,  have  pursued  a course  of  conduct  that  has 
prevented  complete  organization  in  the  five  or  six  counties  mention- 
ed. These  parties  either  became  candidates  themselves,  or  induced 
others  who,  like  themselves,  had  committed  acts  of  disloyalty,  to 
become  candidates  for  office,  at  the  election  in  October  last ; and 


Journal  of  the  Senate.  7 

irra  number  of  cases  these  ineligible  parties  were  elected.  They 
cannot  take  the  oath  of  office  prescribed  by  existing  law,  and  as  a 
consequence,  these  offices  are  not  filled  by  persons  elected  by  the 
people,  but  their  functions,  are  performed,  as  far  as  it  is  practicable 
to  have  them  performed  at  all,  by  appointees. 

JUDGE  OF  NINTH  CIRCUIT. 

At  the  same  time,  an  election  was  held  for  a judge  of  the  Ninth 
Judicial  Circuit,  and  Samuel  Price,  Esq.,  of  the  county  of  Green- 
brier, claims  that  he  received  a majority  of  the  votes  for  that  office 
and  is  therefore  entitled  to  the  commission.  From  some  cause 
unknown  to  me,  I have  not  received  the  official  returns  of  the  elec- 
tion from  all  the  counties  in  the  circuit,  and  therefore  cannot  tell 
who  received  the  greatest  number  of  votes,  but  am  inclined  to 
think  that  Mr.  Price  has  a majority.  It  is  well  known  to  me,  how- 
ever, that  at  the  close  of  the  Rebellion,  and  for  some  time  previous, 
he  held  the  influential  position  of  Lieutenant-Governor  in  the  rebel 
government  of  Virginia,  and  of  course  he  cannot  take  the  oath  of 
office  prescribed  by  our  law.  I have,  on  this  account,  taken  the 
responsibility  of  declining  to  issue  a commission  to  him  for  the  high 
and  responsible  position  to  which  he  claims  to  have  been  elected. 

I cannot  commission  to  so  high  and  important  an  .office  one  who 
has  so  recently  been  engaged  in  efforts  to  destroy  the  State  and  to 
overthrow  the  Government  of  the  United  States. 

BAD  FAITH  OF  RETURNED  REBELS. 

As  intimated,  the  result  of  these  elections  are  due  mainly  to  the 
teachings  of  leading  and  intelligent  men  who  have  been  actively 
engaged  in  the  rebellion,  and  who  were  well  aware  of  the  ineligi- 
bility of  the  candidates,  if  successful.  They  taught  that  the  oath 
of  office  prescribed  by  the  act  of  November  16,  1863,  would  not  be 
exacted,  and  that  therefore  participants  in  the  Rebellion  would  be 
allowed  to  execute  the  duties  of  offices  to  which  they  might  be 
elected.  They  advised  further  that  the  officers  of  elections  were 
not  required  to  take  said  oath  ; and  that  the  law  of  Febuary  25, 
1865,  prescribing  an  oath  for  challenged  voters  was  unconstitu- 
tional and  void,  and  should  therefore  be  disregarded.  They  thus  in 
many  instances,  secured  persons  in  the  same  category,  or  in  sympa- 
thy, with  themselves,  to  act  as  supervisors  and  inspectors  of  elec- 
tions, who  held  the  elections  without  being  sworn,  and,  pursuing 
the  advice  given,  they  refused  to  exact  of  voters  the  test  oath  of 
loyalty,  notwithstanding  they  had  been  challenged  as  the  law 
prescribes.  The  consequence  was  that  at  many  of  the  voting  places 
the  election  was  conducted  wholly  in  disregard  of  the  laws  of  the 
State,  and  persons  were  elected  who  cannot  qualify.  And  now  new 
elections  must  be  held,  or  the  oath  of  office  amended  so  that  it  may 
be  taken  by  those  who  have  been  elected. 

ENFORCEMENT  OF  OATHS  OF  LOYALTY. 

After  the  war  ended  and  peace’ was  being  restored,  I entertained 
the  hope  that  I would  be  able  at  this  session  of  the  Legislature  to 
recommend  the  modification  of  the  more  stringent  laws  in  regard  to 


8 


Journal  of  the  Senate. 

the  election  and  qualification  of  officers ; but  after  what  has  trans- 
pired at  the  first  and  only  election  held  since  the  close  of  the  war 
in  the  localities  where  disloyalty  had  most  prevailed,  I cannot  make 
such  recommendation.  On  the  contrary  I nowT  think  it  the  duty  of 
the  Legislature  to  so  amend  these  laws  that  their  execution  may 
the  more  certainly  be  secured.  And  to  this  end  I recommend,  1st, 
that  you  provide  for  a registry  of  voters  as  authorized  by  the 
Constitution,  Art  iii,  Sec.  12;  2d,  that  you  declare  distinctly  that 
all  officers  of  election  shall  take  the  oath  of  office,  prescribed  by 
the  act  of  November  16,  1863,  and,  if  they  fail  to  do  so  at  any  place 
of  voting,  that  the  vote  where  such  failure  occurs  shall  be  void  and 
shall  not  be  counted  ; 3d,  that  you  require  all  the  county  and  the 
principal  township  officers  to  qualify  before  the  circuit  court  of  the 
county,  or  the  judge  thereof  in  vacation.  These  amendments,  it 
seems  to  me,  will  insure  the  purity  of  elections  and  the  due  and 
proper  enforcement  of  the  laws.  And  in  order  that  there  may  be 
no  failure  in  the  administration  of  the  laws  where  a person  is  elec- 
ted who  cannot  qualify,  and,  at  the  same  time,  frequent  elections 
may  be  avoided,  it  may  be  proper  to  amend  the  law  so  that  vacan- 
cies may  be  filled  until  the  succeeding  annual  election,  instead  of 
holding  special  elections  as  now  provided  by  law  ; and  that  the 
vacancies  in  the  principal  township  offices  may  be  filled,  as  many 
county  offices  now  are,  by  the  circuit  court,  or  the  judge  in  vaca- 
tion. 

I know  that  the  passage  of  the  laws  to  which  I have  referred  has 
been  attributed  to  a vindictive  and  unkind  spirit  on  the  part  of 
the  loyal  people  towards  those  who  have  hitherto  committed  acts 
of  disloyalty,  but  I confidently  affirm  that  they  were  not  so  inten- 
ded by  those  who  passed  them ; nor  am  I actuated  by  any  such 
spirit  in  recommending  their  amendment  and  enforcement.  When 
they  were  passed  it  was  deemed  necessary  to  adopt  some  measures 
of  protection  against  the  evil  influences  which  those  in  rebellion 
were  exerting  within  our  State  ; and  it  was  intended,  no  doubt,  as 
soon  after  the  war  concluded  as  the  hitherto  disloyal  should  mani- 
fest their  purpose  to  observe  the  laws  and  support  the  government 
of  the  State,  that  the  acts  complained  of  should  be  modified  or 
altogether  repealed.  But  I confess  my  disappointment  in  finding 
that,  instead  of  observing  the  laws,  and  counselling  others  to  do  so, 
many  of  those  who  have  professed  to  renounce  their  disloyalty, 
have  seized  the  first  occasion  to  set  at  naught  those  laws,  and  have 
induced  others  to  wholly  disregard  them.  Under  these  circum- 
stances I believe  it  to  be  the  duty  of  the  Legislature,  not  only  to 
allow  the  present  acts  to  remain,  but  to  add  thereto  such  provisions 
as  will  secure  their  certain  and  continued  execution,  until  those  who 
manifest  this  disorganizing  spirit  shall  conform  thereto,  or,  if  they 
consider  themselves  aggrieved,  shall  seek  redress  in  a legitimate 
mode. 

JEFFERSON  AND  BERKELEY. 

During  the  last  Fall,  and  since  the  return  to  the  county  of  Jeffer- 
son of  persons  who  had  been  actively  engaged  in  the  Rebellion, 
there  has  been  a party  in  that  county  who  prefer  living  within  the 


9 


Journal  of  the  Senate. 

jurisdiction  of  Virginia  rather  than  in  West  Virginia,  and  have  been 
contending  that  all  that  has  been  heretofore  done  for  the  purpose 
of  transferring  that  county,  and  the  county  of  Berkeley  from  the 
former  State  to  the  latter,  is  irregular,  unconstitutional  and  void, 
and  does  not  effect  the  purpose  intended.  And  in  accordance  with 
their  views  on  this  subject,  they  made  preparations  and  declared 
their  purpose  to  hold  an  election  in  Jefferson  county  on  the  12th 
day  of  October,  for  members  of  the  General  Assembly  of  Vir- 
ginia, and  for  a representative  in  Congress  from  that  State  ; that 
being  the  day  appointed  by  the  proclamation  of  the  Governor  of 
Virginia  for  filling  all  vacancies  in  the  legislature  of  the  State  and 
in  the  representation  in  Congress  from  that  State.  Upon  being 
satisfied  that  it  was  their  determination  to  hold  the  election  at  the 
time  mentioned,  I,  on  the  9th  day  of  October,  issued  my  proclama- 
tion, warning  all  persons  against  attempting  to  hold  such  election, 
and  directing  the  arrest  of  any  who  should  attempt  it.  But  as  the 
civil  authorities  alone  would  not  have  been  sufficient  to  prevent 
the  holding  of  the  election  and  to  arrest  the  offenders,  if  resistance 
had  been  offered,  I requested  Maj.  General  W.  H.  Emory,  com- 
manding the  District  of  West  Virginia,  to  aid  the  civil  officers  in 
maintaining  the  laws ; and  it  affords  me  pleasure  to  acknowledge, 
in  this  official  manner,  the  promptness  with  which  that  gallant 
officer  responded  to  this,  as  he  has  to  all  calls  made  upon  him  since 
he  has  been  in  command  within  this  State.  As  a consequence  of 
these  precautionary  measures,  no  election  was  held. 

I am  assured,  and  have  no  doubt  of  the  fact,  although  not  offi- 
cially informed  of  it,  that,  at  the  instance  of  the  malcontents  refer- 
red to,  the  General  Assembly  of  Virginia,  at  its  present  session, 
has  repealed  the  laws  giving  the  consent  of  that  State  to  the  an- 
nexation of  the  counties  of  Berkeley  and  Jefferson  to  West  Vir- 
ginia. It  is  believed  that  this  repeal  cannot  effect  the  status  of  these 
counties  ; but  in  order  to  avoid  further  controversy  on  the  subject, 
it  has  been  deemed  proper  to  obtain  the  sanction  of  Congress  to 
their  transfer  from  one  State  to  the  another.  For  this  purpose  a 
bill  has  been  introduced  into  Congress,  wffiich  it  is  expected  will 
pass,  and  thus  quiet  and  harmony  will  be  restored  to  the  commu- 
nity interested. 

The  effort  to  set  up  the  authority  of  another  State  in  the  county 
of  Jefferson,  and  the  many  obstructions  thrown  in  the  way  of  the 
execution  of  the  laws  in  other  portions  of  the  State,  have  induced 
me  to  look  into  the  law  for  a remedy,  but  there  seems  to  be  none 
provided.  Chapter  190  of  the  Code  of  1860  might  have  embraced 
the  effort  to  establish  the  authority  of  another  State  within  the 
limits  of  this  State,  but  this  chapter  was  repealed  by  the  act  of 
March  3,  1864,'  and  I can  now  find  no  law  on  the  subject.  There 
is  no  punishment  at  all  provided  for  in  many  cases  of  resisting  the 
execution  of  the  laws,  and,  where  there  is  such  provision,  it  will 
be  found  wholly  insufficient.  While  I do  not  propose  to  prescribe 
the  details  of  legislation  that  may  supply  these  ommisions,  I com- 
mend the  subject  to  your  careful  consideration. 


2 


10 


Journal  of  the  Senate. 

THE  COLORED  PEOPLE. 

The  recent  amendment  to  the  Constitution  of  the  United  States 
completes  the  abolition  of  slavery  and  leaves  the  colored  people’ in 
our  midst  free,  a fact  which  should  be  borne  in  mind  and  recogni- 
zed. Under  the  constitution  of  our  State  they  cannot  vote  or  hold 
office,  but  they  are  entitled  to  security  and  protection  of  person  and 
property,  Which  should  be  guaranteed  to  them  by  proper  legislation. 
An  important  step  towards  the  accomplishment  of  this  purpose, 
and  one  it  seems  to  me  you  should  not  hesitate  to  take,  is  the  remo- 
val of  the  restrictions  upon  their  competency  as  witnesses.  Until 
this  act  of  justice  is  done,  all  other  guarantees  are  fruitless,  and 
these  unfortunate  people  are  left  to  the  mercy  of  any  one  who 
chooses  to  inflict  injury  upon  them. 

SUITS  BY  REBELS. 

An  act  was  passed  at  the  last  session  of  the  legislature  “to  pre- 
vent prosecution  of  suits  and  the  sueing  out  of  process  by  persons 
engaged  in  the  rebellion.”  This  act  provides  that  the  defendant 
in  any  suit  may  require  the  plaintiff  to  file  an -affidavit  that  he  has 
not  participated  in  the  rebellion,  and  if  he  fails  to  file  the  same, 
his  suit  shall  be  dismissed.  It  seems  to  me  that  this  law  is  of  doubt- 
ful expediency.  If  it  was  intended  to  prevent  rebels  from  sueing 
loyal  men  for  acts  done  during  the  rebellion  ; it  will  be  seen  that 
while  this  object  is  effected,  its  provisions  apply  equally  to  any  act 
done  or  contract  entered  into  at  any  time  after  its  passage.  So  that 
if  it  remains  as  it  is,  no  person  who  has  'taken  part  in  the  rebellion 
can  at  any  time  in  the  future  prosecute  a suit  of  any  kind.  This 
being  the  case,  they  cannot  enforce  any  contract  they  may  make. 
They  can  neither  buy  nor  sell  with  safety  to  themselves,  unless  the 
transaction  is  completed  at  the  moment — for  they  cannot  enforce 
the  contract  by  suit.  Thus  you  have  a number  of  the  population 
of  the  State  who  can  engage  in  no  business  and  must  necessarily 
become  drones  in  society.  It  may  be  said  that  if  they  are  not  satis-** 
fled  wTith  our  laws  they  can  leave  the  State.  But  those  that  own 
property  cannot  sell  it  even  for  that  purpose,  as  by  this  law  they 
are  not  allowed  to  enforce  their  contracts.  I recommend  that  this 
act  be  at  least  so  modified  as  not  to  apply  to  any  transaction  since 
the  end  of  the  war. 

FINANCES — THE  AUDITOR’S  REPORT. 

The  condition  of  the  Finances  will  appear  from  the  Reports  of 


the  Auditor  and  Treasurer  to  be  as  follows  : 

Balance  remaining  in  the  Treasury,  January  1,  1865,  $297,210  87 
Receipts  from  all  other  sources  during  the  fiscal  year 
ending  Dec.  31,  1865 $381,383  92 


Total  receipts, $678,593  79 

Disbursements  during  the  year  ending  Dec.  31,  1865,  417,210  55 


Balance  in  Treasury  January  1,  1866, $261,383  24 

Duduct  amount  belonging  to  School  Funds  not  sub- 
ject to  appropriation  for  any  other  purpose, 81,992  53 


11 


Journal  of  the  Senate. 

Balance  in  Treas’y  for  general  purposes,  Jan.  1,  1866,  $179,390  71 


Estimated  receipts  for  current  year, 450,000  00 

Estimated  total  receipts $629,390  71 

Ordinary  expenses  for  current  year, 190,023  33 

Amount  subject  to  extraordinary  appropriation  by 
the  Legislature, $439,367  38 


It  will  be  seen  that  the  Auditor  has  estimated  the  ordinary  ex- 
penses of  the  State  government  for  the  current  year  at  less  than 
one-half  of  what  they  were  in  1865.  In  this,  I have  no  doubt,  he 
is  correct  ; and  it  may  be  accounted  for  mainly  from  the  fact  that 
the  war  having  ended,  many  comparatively  heavy  expenses  that 
were  necessarily  incurred  during  its  continuance  are  no  longer 
required.  Nor  do  I think  that  the  Auditor  has  over-estimated 
the  receipts  into  the  Treasury  for  the  current  year.  Indeed  I 
am  inclined  to  think  the  amount  will  exceed  that  reported  by  him. 
During  the  war  revenue  was  collected  from  only  about  one-half  the 
counties  in  the  State,,  This  year  it  will  be  collected  from  all ; and 
it  seems  to  me  that,  if  his  estimate  is  not  in  fact  too  low,  it  may 
certainly  be  relied  upon  as  a safe  one. 

TAXES  ON  DELINQUENT  LANDS. 

I invite  your  attention  to  the  many  valuable  suggestions  accom- 
panying the  Auditor’s  report,  only  two  or  three  of  which  I shall 
notice  specially : 

It  is  apparent  that  some  amendment  is  needed  to  the  law  pre- 
scribing the  mode  of  enforcing  the  payment  of  taxes  on  real  estate. 
As  it  now  stands  the  payment  of  taxes  on  unimproved  lands 
belonging  to  non-residents  cannot  be  enforced,  except  that  once  in 
five  years  the  lands  may  be  sold  for  the  delinquent  taxes ; while 
our  own  citizens  may  be  compelled  to  pay  their  taxes  regularly. 
Many  non-resident  land  owners  avail  themselves  of  the  provisions 
of  the  present  law,  and  the  State  is  thus,  in  many  cases,  for  years 
deprived  of  the  use  of  revenue  that  'should  be  paid  into  the  Treas- 
ury annually.  In  addition  to  considerations  connected  directly 
with  the  revenue,  these  non-resident  landholders  are,  by  the  pres- 
ent law,  favored  in  holding  on  to  their  lands  in  an  uncultivated 
condition  ; and  thus  very  greatly  retard  the  improvement  and  pros- 
perity of  our  State.  I r&commend  that  the  law  be  so  amended  as 
to  require  a sale  of  delinquent  lands  once  in  two  years,  with  a 
limitation  of  redemption  to  one  year  after  the  sale. 

RE-ASSESSMENT  OF  LANDS. 

There  has  been  no  assessment  of  the  real  property  within  this 
State  since  1856.  Taxes  are  being  collected  on  a valuation  made 
ten  years  ago.  Great  changes  have  taken  place  in  the  value  of  real 
estate  generally  within  that  time,  and  many  cases  of  inequality  of 
taxation  exist.  The  propriety  of  a re-assessment,  as  suggested  by 
the  Auditor,  appears  to  me  so  obvious  that  I deem  it  unnecessary 
to  add  any  thing  further  to  what  he  has  so  appropriately  said  on 
the  subject. 


12 


Journal  of  the  Senate. 

THE  FISCAL  YEAR. 

I endorse  the  suggestion  of  the  Auditor  that  the  law  of  the  last 
session  changing  the  fiscal  year  should  be  repealed.  Heretofore 
the  fiscal  year  ended  on  the  30th  day  of  September.  By  this  law 
it  is  made  to  correspond  with  the  calendar  year.  The  Constitution 
provides  that  the  legislature  shall  meet  on  the  third  Tuesday  of 
January.  It  is  required  that  the  several  officers  of  the  State 
government  shall  make  their  reports  of  the  business  of  the  year, 
and  submit  them  to  the  Governor,  whose  duty  it  is  to  lay  them 
before  the  Legislature,  and  in  the  meantime  to  examine  them  in 
order  that  he  may  comply  with  that  provision  of  the  Constitution 
requiring  him  to  “communicate  to  the  legislature  at  each  session 
thereof  the  condition  of  the  State,  and  recommend  to  their  consid- 
eration such  measures  as  he  may  deem  expedient.  ” As,  under  the 
law  of  the  last  legislature,  the  fiscal  year  ends  on  the  31st  of 
December,  the  several  reports  cannot  be  completed  until  after  that 
time,  and  as  a consequence  they  do  not  get  into  the  hands  of  the 
Governor  in  time  to  enable  him  to  examine  them  and  use  their 
contents,  as  he  should,  in  preparing  his  message  to  the  legislature. 
Everything  that  appears  in  this  communication,  as  based  upon 
those  reports,  is  taken  from  loose  sheets  and  memoranda  kindly 
furnished  me  in  advance  by  the  several  officers.  My  opinion  is  that 
the  legislature  should  not  hesitate  to  repeal  the  late  law  and  restore 
the  fiscal  year  as  it  was  before  the  change  was  made. 

THE  DEBT  OF  VIRGINIA. 

The  constitution  of  our  State,  Art.  viii,  sec.  8,  provides  that  “An 
equitable  proportion  of  the  public  debt  of  the  Commonwealth  of 
Virginia,  prior  to  the  1st  day  of  January,  1861,  shall  be  assumed 
by  this  State  ; and  the  legislature  shall  ascertain  the  same  as  soon 
as  practicable,  and  provide  for  the  liquidation  thereof  by  a sinking 
fund  sufficient  to  pay  the  accuring  interest,  and  redeem  the  prin- 
cipal within  thirty-four  years.”  The  execution  of  this  provision  of 
the  Constitution  has  heretofore  been  impracticable  on  account  of 
the  existence  of  the  War,  but  now  that  peace  is  happily  restored, 
there  is  no  reason,  as  there  is  no  desire  on  our  part,  for  further 
delay  ; and  it  devolves  on  you  to  take  action  with  a view  to  an 
early  and  satisfactory  settlement  of  all  financial  matters  between 
the  two  States.  I,  therefore,  recommend  that  you  appoint,  or 
provide  for  appointing,  commissioners  on  behalf  of  this  State  to 
meet  like  commissioners  from  Virginia,  for  the  purpose  of  making 
the  contemplated  settlement;  and  in  the  event  that  they  fail  to 
conclude  an  adjustment,  that  you  authorize  the  selection  of  an 
umpire  whose  decision  shall  be  final.  And  it  may  be  well  to  pro- 
vide for  notifying  the  Executive  of  Virginia  of  your  action,  in  order 
that  he  may  lay  the  same  before  the  legislature  of  that  State  for 
their  consideration. 

THE  OHIO  RIVER  BED. 

It  is  represented  to  me  that  there  are  extensive  veins  of  the  finest 
coal  for  manufacturing  purposes  under  the  bed  of  the  Ohio  river 
for  a considerable  distance  within  this  State,  and  that  persons  have 


13 


Journal  of  the  Senate. 

sunk  shafts  at  several  points  on  the  bank  of  the  river,  and  are 
mining  the  coal  and  disposing  of  it  for  their  own  private  profit.  If 
there  is  coal  under  the  bed  of  the  river  as  represented — and  I am 
inclined  to  believe  there  is — it  is  the  property  of  this  State,  and 
may  be  made  a source  of  considerable  revenue.  I suggest  that  an 
enquiry  be  instituted  for  the  purpose  of  ascertaining  the  truth  in 
regard  to  this  matter,  and  if  it  be  found  as  represented,  that  the 
legislature  provide  for  the  sale  of  the  coal,  under  the  supervision 
of  the  circuit  courts  of  the  counties  within  which  it  lies,  and  for 
the  payment  of  the  proceeds  thereof  into  the  Treasury. 

MILITARY-5 — REPORT  OF  THE  ADJUTANT-GENERAL.- 

From  the  report  of  the  Adjutant-General  it  may  be  seen  that 
this  State  furnished  31,884  troops  to  the  United  States  service 
during  the  war,  nearly  all  of  whom  were  three  years  men.  It  may 
also  be  seen  that  the  bounties  paid  to  troops  by  the  organized  coun- 
ties of  the  State  amount  in  the  aggregate  to  near  $2,000,000.  The 
precise  sum  is  not  yet  ascertained.  This,  it  may  be  remarked,  was 
paid  to  those  who  enlisted  in  the  latter  years  of  the  war.  The 
earlier  recruits  receiving  no  such  bounty,  and  very  little  from  any 
quarter,  but  it  is  expected  that  Congress,  during  the  present  session, 
will  in  a measure  repair  this ’apparent  injustice.  When  we  take 
into  consideration  the  facts  that  parts  of  the  State  were  within  the 
rebel  lines  during  the  whole  war;  that  at  no  time  had  we  civil 
organization  in  more  than  two-thirds  of  the  counties ; and  that 
many  of  these  were  subject  to  frequent  and  ruinous  rebel  raids,  and 
the  worst  form  of  guerilla  warfare,  it  is  a matter  of  no  little  credit 
to  the  energy  and  patriotism  of  our  people  that  the  State  has  sup- 
plied so  many  men  to  the  loyal  cause.  And  while  we  rejoice  that 
we  were  able  thus  to  contribute  to  the  strength  of  the  army  and 
/ the  happy  conclusion  of  the  war,  it  is  due  to  the  soldiers  them- 
selves that  we  make  public  acknowledgment  of  the  high  character 
-for  bravery  and  soldierly  bearing  wThich  they  at  all  times  displayed 
in  the  field.  They  have  won  imperishable  laurels  for  themselves, 
and  have  done  great  honor  to  the  name  of  their  State. 

As  soon  as  it  became  evident  that  active  hostilities  had  ceased  I 
made  every  possible  effort  to  have  our  troops  mustered  out  of  ser- 
vice, and  was  so  far  successful  that  from  the  10th  of  June  to  the 
11th  of  August,  all  wg*:e  discharged  and  sent  home,  except  the 
Sixth  Cavalry.  This  regiment,  with  troops  from  other  States,  was 
ordered  west  of  the  Mississippi,  and  although  I have  made  use  of 
all  reasonable  means  to  procure  its  muster  out,  they  have  been 
unavailing.  It  is  not  my  purpose,  however,  to  complain  of  the 
War  Department  on  this  subject,  as  I feel  assured  that  the  services 
of  the  volunteer  troops  thus  retained  were  required  and  they  were 
legally  retained — some  in  the  South  and  some  in  the  West — until 
the  condition  of  the  Southern  States  became  such  that  the  regular 
army  would  be  sufficient  for  all  military  purposes  throughout  the 
country.  The  discharge  of  this,  our  last  regiment  in  the  service, 
is  confidently  looked  for  at  an  early  day. 

The  report  of  the  Adjutant-General  is  a document  of  great  inter- 
est to  all  the  loyal  people  of  the  State,  and  especially  is  it  so  to 


14 


Journal  of  the  Senate. 

the  soldiers  who  are  living  and  the  friends  of  those  that  are  dead. 
This  report,  in  connection  with  the  one  made  by  the  same  officer  a 
year  ago,  would  constitute  a complete  history  of  ewery  West  Vir- 
ginia regiment,  and  of  every  officer  and  private  who  served  in  all 
our  regiments  from  the  time  he  entered  the  service  until  his  term 
ended  by  death,  discharge,  dismissal  or  resignation,  were  it  not  for 
the  fact,  before  mentioned,  that  the  Sixth  Cavalry  has  not  yet  been 
mustered  out,  it  is  expected  however  that  this  regiment  will  be 
mustered  out  before  the  report  is  printed,  and,  in  that  event,  its 
history  may  be  incorporated,  and  thus  complete  a work  of  much 
practical  importance,  and  at  the  same  time  show  a military  record 
which  will  be  the  pride  of  every  loyal  citizen  of  West  Virginia. 

ORGANIZATION  OF  MILITIA. 

In  addition  to  the  facts  and  figures,  and  historical  matters  appear- 
ing in  this  report,  it  contains  many  valuable  suggestions  to  which 
I invite  your  careful  attention.  Especially  would  I call  your  atten- 
tion to  the  plan  proposed  by  the  Adjutant-General  for  organizing 
the  militia.  This  has  hitherto  been  a vexed  question,  but  his  plan 
relieves  the  subject  of  many  objections  made  against  former  methods 
of  organization.  It  appears  to  me  to  be  the  most  feasible  and  prac- 
tical mode  that  has  been  submitted  for  making  the  militia  speedily 
effective  when  needed,  while  it  does  not  require  the  rank  and  file 
to  drill  or  leave  their  homes  at  all,  except  when  called  into  active 
service,  and  thus  saves  them  much  time  that  is  wasted  and  the 
many  annoyances  to  which  they  are  subjected  in  the  enforcement 
of  the  existing  law.  As  it  seems  that  some  organization  is  deemed 
indispensible,  I commend  the  one  here  proposed  as  worthy  of  your 
consideration. 

REPORT  OF  QUARTERMASTER  GENERAL. 

The  Quartermaster  General’s  report  shows  the  transactions  of 
his  office.  In  addition  to  his  regular  duties  I have  committed  to 
this  officer  the  responsibility  of  paying  the  companies  of  State  Scouts 
and  Guards  that  have  been  organized  from  time  to  time  during  the 
war  for  the  protection  of  the  border ; and  it  may  be  seen  from  his 
Report  that  he  has  paid  out  for  this  purpose,  since  the  organiza- 
tion of  the  State,  the  sum  of  $213,988  42.  It  will  also  be  seen  that 
in  pursuance  of  an  act  passed  February  2*^  1865,  and  by  my  direc- 
tion, he  has  paid  to  the  militia  of  Upshur  county,  who  were  cap- 
tured and  carried  off  to  Southern  prisons  in  1863,  the  sum  of 
$6,950  85.  Theke  sums  added  make  an  aggregate  of  $220,939  27, 
which  has  been  expended  as  a matter  of  necessity  in  the  efForts  to 
protect  the  loyal  people  in  the  border  counties.  The  State  troops 
who  were  thus  paid,  supplied  the  places  of  an  equal  number  'of 
United  States  troops,  who  otherwise  would  have  been  required  for 
the  same  service,  and,  therefore,  in  my  judgment,  the  money  so  paid 
out  constitutes  a just  claim  against  the  government  of  the  United 
States.  I have  caused  the  evidence  of  these  payments  to  be  pre- 
pared in  proper  and  convenient,  form  ; and  as  it  is  expected  that 
application  will  be  made  to  Congress  for  the  re-imbursement  of 
claims  of  this  character,  I recommend  that,  if,  after  due  investiga- 
tion, you  concur  with  me,  you  adopt  resolutions  setting  forth  the 


Journal  of  the  Senate.  15 

justice  of  the  claim  and  requesting  Congress  to  provide  for  its 
payment. 

MILITIA  CLAIMS. 

The  board  of  Claims,  consisting  of  the  Auditor,  Adjutant-General 
and  Quartermaster  General,  constituted  by  an  act  passed  February 
25,  1865,  have  made  their  report,  which  is  herewith  communicated. 
It  may  be  seen  that  the  Board  have  reported  in  favor  of  the  justice 
of  claims  amounting  in  the  aggregate  to  $148,399  99,  all  of  which 
have  grown  out  of  the  military  transactions  within  the  State  during 
the  war.  The  report  is  submitted  for  your  consideration.  If  you 
shall  be  of  the  opinion  that  these  claims  should  be  paid,  provision 
should  be  made  therefor. 

FREE  SCHOOLS. 

The  report  of  the  State  Superintendent  of  Free  Schools  will  be 
found  among  the  documents  herewith  communicated.  Its  comple- 
tion was  unavoidably  delayed  to  so  late  an  hour  that  I have  had 
little  time  for  its  examination.  Allow  me,  however,  to  call  your 
attention  to  that  part' of  the  report  in  which  the  necessity  for 
normal  schools  is  discussed.  The  want  of  competent  teachers  is 
seriously  felt  throughout  the  State,  and  is  one  of  the  greatest 
difficulties  in  the  way  of  putting  into  successful  operation  our  free 
school  system,  and  indeed  of  keeping  up  primary  schools  of  any 
character  whatever.  Normal  schools  may  be  made  the  means  of 
relieving  us  of  this  difficulty  by  affording  special  facilities  to  those 
who  desire  to  teach,  of  preparing  themselves  for  the  arduous  and 
important  duties  of  their  vocation.  Without  referring  further  to 
this  report,  I invoke  the  fostering  care  of  the  Legislature  over  that 
of  which  it  treats,  and  which  may  be  made  the  great  power  for 
the  elevation  of  the  masses — -the  free  Schools  of  our  State. 

IMMIGRATION. 

The  report  of  the  Commissioner  of  Immigration  is  herewith 
transmitted.  It  is  an  able  and  interesting  document,  and  discusses 
most  thoroughly  the  subject  of  immigration  and  the  great  benefit 
that  must  result  to  the  State  from  its  proper  encouragement.  It 
also  contains  important  suggestions  which  I trust  will  be  duly  con- 
sidered,and  responded  to  by  the  Legislature.  We  cannot  hope  for 
the  development  of  the  resources  and  capacities  of  our  State  until 
we  secure  the  influx  of  additional  population  and  capital.  This 
can  be  accomplished  by  making  known  through  intelligent  and 
energetic  agents  the  inducements  there  are  to  come  here,  and  by  giv- 
ing assurances  of  a fair  return  for  labor  and  capital  expended.  If 
we  fail  to  take  proper  action,  immigrants  will  pass  us  by  and  go 
to  states  that  have  adopted  a more  liberal  and  enlightened  policy. 

The  office  of  the  Commissioner  without  reasonable  compensation, 
as  is  the  case  under  existing  law,  will  not  effect  much.  The  compe- 
tent incumbent  of  the  office  has  done  all  that  he  could  do  with  the 
meagre  means  at  his  command  to  induce  immigration  into  our  State, 
but  he  has  been  able  to  do  little  more  than  to  lay  the  foundation 
for  future  action ; and  unless  his  efforts  are  seconded  by  the  Legis- 
lature, what  he  has  done  may  go  for  naught.  It  may  be  seen  from 


16 


Journal  of  the  Senate. 

his  report  that  he  has  expended  considerable  of  his  own  means,  and 
has  incurred  other  obligations.  I think  that  the  Legislature  should 
not  only  provide  for  these  expenditures  and  obligations,  but  should 
make  such  provision  for  the  future  as  will  make  the  office  effective 
for  the  purpose  of  its  creation,  or  should  abolish  it  altogether. 

UNIVERSAL  EXHIBITION  AT  PARIS. 

In  connection  with  this  subject,  it  is  proper  that  I should  men- 
tion the  Universal  Exhibition  to  be  opened  at  Paris,  France,  in 
April,  1867,  which  is  referred  to  at  considerable  length  in  the 
report  of  the  Commissioner.  This  State  is  invited  to  participate  in 
that  Exhibition,  and  it  is  urged  that,  if  the  mineral,  agricultural, 
manufactural,  and  other  productions  of  West  Virginia,  were  placed 
in  the  hands  of  a proper  representative  for  exhibition  on  that  occa- 
sion, this  would  tend  to  promote  immigration  to  the  State.  I sub- 
mit the  matter  for  your  consideration. 

HOSPITAL  FOR  THE  INSANE. 

The  report  of  the  Directors  of  the  Hospital  for  the  Insane,  at 
Weston,  with  the  accompanying  documents,  is  herewith  submitted. 
It  will  be  seen  that  the  small  portion  of  the  building  that  is  finished 
for  the  reception  of  patients,  is  crowded  to  its  Utmost  capacity, 
and  that  numerous  applications  for  admission  have  been  rejected. 
The  great  number  of  the  afflicted  class  of  community,  for  whose 
relief  this  institution  was  intended  and  who  are  excluded  from  its 
benefits  for  want  of  sufficient  accommodations,  are  not  only  entitled 
to  our  sympathy,  but  demand  at  our  hands  the  completion  of  the 
building  at  the  earliest  possible  period.  I most  earnestly  renew 
the  recommendation  made  to  former  sessions  of  the  legislature  that 
a liberal  appropriation  be  made  for  this  purpose. 

LUNATICS  AT  STAUNTON. 

In  connection  with  this  subject  it  is  proper  that  I should  bring  to 
your  notice  the  fact  that  I have  received  a communication  from 
His  .Excellency  F.  H.  Peirpoint,  Governor  of  Virginia,  saying  that 
he  had  been  informed  by  the  board  of  visitors  of  the  Lunatic  Asy- 
lumn  at  Staunton,  that  there  are  near  one  hundred  patients  in  that 
institution  from  West  Virginia,  and  that  it  was  desired  that  our 
State  should  make  provision  for  their  support.  This,  it  may  be 
remarked,  is  an  additional  fact  in  proof  of  the  necessity  of  an  early 
completion  of  the  Hospital  at  Weston.  Meantime,  however,  it  is 
necessary  that  the  number  of  the  patients  at  Staunton  be  ascer- 
tained, and  that  you  provide  the  means  for  supporting  them. 

AGRICULTURAL  COLLEGE. 

The  legislature  of  this  State  in  accepting  the  benefits  of  the  act 
of  Congress  of  July  2,  1862,  donating  lands  to  States  that  should 
provide  colleges  for  the  benefit  of  agriculture  and  the  mechanic 
arts,  also  accepted  the  conditions  contained  in  that  act.  One  of 
the  express  ..conditions  contained  both  in  the  act  of  Congress  and 
our  act  of  acceptance,  of  October  3,  1863,  is  that  this  State  shall, 
within  five  years  from  the  second  day  of  July,  1862,  provide  one 


17 


Journal  of  the  Senate. 

college  as  therein  described,  “ or  the  grant  shall  cease,  and  the 
State  shall  be  bound  to  pay  to  the  United  States  the  amount 
received.  ” 

Another  condition  of  both  the  donation  and  acceptance  is,  that 
n©  portion  of  the  fund  shall  be  applied  to  the  purchase,  erection, 
preservation  or  repair  of  any  building  or  buildings.  But  it  is  pro- 
vided that  ten  per  centum  of  the  amount  received  by  the  State 
may  be  expended  for  the  purchase  of  land  for  sites  or  experimental 
farms,  whenever  authorized  by  the  legislature. 

I have  not  received  an  exact  report  from  the  agent  employed  to 
make  sale  of  the  scrip  received  by  the  State,  and,  therefore,  cannot 
state  the  precise  sum  for  which  it  has  been  sold,  but  the  legislature 
may  rely  and  safely  act  on  the  assurance  that  the  receipts  will 
amount  to  over  seventy-five  thousand  dollars. 

The  five  years  within  which  the  State  is  required  to  provide  the 
college  are  rapidly  passing  away,  and  will  expire  on  the  2d  of  July, 
1867,  and  it  must  be  apparent  that  if  this  session  of  the  legislature 
is  allowed  to  pass  without  taking  the  necessary  steps  to  provide  the 
contemplated  college,  it  will  be  impossible,  within  the  time  there- 
after remaining,  to  comply  with  the  conditions  of  the  donation  ; 
the  donation  itself  will  be  absolutely  forfeited,  and  it  will  be  left 
for  the  next  legislature  simply  to  direct  the  return  of  the  proceeds 
of  the  sale  of  the  scrip  to  the  United  States. 

As  the  law  of  Congress  prohibits  the  use  of  any  portion  of  the 
fund  arising  from  the  sale  of  the  scrip,  for  defraying  the  expenses 
of  the  sale,  the  legislature  in  the  act  of  1863  made  an  appropria- 
tion for  that  purpose,  but  this  provision  of  that  act  has  been 
inadvertently  superseded  by  subsequent  legislation,  and  it  there- 
fore becomes  necessary  to  renew  the  appropriation. 

. STATE  STOCKS  IK  BANKS. 

All  the  banks  of  the  State  have  availed  themselves  of  the  pro- 
visions of  the  act  of  the  Legislature  passed  February  17,  1865,  and 
have  become  banking  associations  under  the  laws  of  the  United 
States.  The  State  had  stock  in  the  North-Western  Bank  of  Vir- 
ginia, the  precise  amount  of  which  cannot  be  ascertained  until 
there  is  a settlement  between  this  State  and  the  State  of  Virginia. 
This  bank  and  its  two  branches  have  become  three  independent 
national  banks,  to-wit : The  National  Bank  of  West  Virginia,  in 
the  city  of  Wheeling;  The  Parkersburg  National  Bank  at  Parkers- 
burg; and  the  First  National  Bank  of  Wellsburg,  at  Wellsburg. 
And  so  much  of  the  stock  owned  by  different  departments  of  the 
State  government  in  the  North-Western  Bank  of  Virginia  as  has 
been  converted  into  stock  in  these  national  banks  is  distributed 
and  stands  as  follows  : Three  hundred  shares  in  the  name  of  the 
State  proper  in  the  National  Bank  of  West  Virginia;  one  hundred 
and  fifty  shares  in  name  of  the  State  and  two  hundred  and  fifty 
shares  in  the  name  of  the  Literary  Fund  in  the  Parkersburg 
National  Bank  ; and  one  hundred  and  eighty-eight  shares  in  the 
name  of  the  State,  and  one  hundred  and  sixtv-three  shares  in  the 
name  of  the  Internal  Improvement  Fund  in  the  First  National 


3 


18 


Journal  of  the  Senate. 

Bank  of  Wellsburg.  The  State  in  its  different  departments  still 
owns  stock  in  the  North-Western  Bank,  the  value  of  which  will  be 
paid  over  as  the  bank,  which  is  in  process  of  liquidation,  is  ready 
to  make  distribution  among  the  stockholders.  The  State  is  the 
owner  of  five  hundred  shares  of  stock  in  the  First  National  Bank 
of  Fairmont,  which  stands  in  the  name  of  the  Literary  Fund. 
The  branch  of  the  Exchange  Bank  of  Virginia,-  at  Weston,  has 
been  converted  into  the  National  Exchange  Bank  of  Weston,  in 
which  the  State  is  also  a stockholder,  but  to  what  amount  is  not 
known  precisely,  nor  will  it  be  known  until  there  is  a settlement 
between  this  State  and  the  state  of  Virginia. 

This  subject  needs  legislation.  It  will  be  seen  that  the  stock  in 
several  of  these  banks  stands  in  the  names  of  funds  or  departments 
unknown  to  our  State  organization.  An  act  should  be  passed 
transferring  this  stock  to  the  appropriate  departments  of  our 
organization;  or,  as  this  affords  an  opportunity  for  fostering  the 
free  schools  of  our  State  without  taxing  the  people,  I would 
recommend  that  all  the  stocks  referred  to,  and  the  amount  that 
may  arise  from  the  closing  up  of  the  North-Western  Bank  of  Vir- 
ginia, be  transferred  to  and  made  a part  of  the  “ Free  School 
Fund.” 

“BANK  OF  VIRGINIA”  AT  CHARLESTON. 

As  contemplated  by  the  resolutions  “ Respecting  the  Branch  of 
the  Bank  of  Virginia,  at  Charleston,”  adopted  by  the  last  legisla- 
ture, I appointed  John  List,  Esq.,  of  this  city,  “ to  examine  and 
report  what  interest  this  State  had  therein,  the  nature  and  con- 
dition of  its  assets,  and  the  measures  necessary  to  protect  the 
interest  of  the  State  in  relation  thereto.  ” That  gentleman  made 
the  examination  required,  and  took  full  notes  to  enable  him  to 
prepare  a report,  but  before  he  had  completed  it  he  was  overtaken 
by  an  accident  which  resulted  in  his  death,  and  as  a consequence 
the  report  was  not  made.  In  the  meantime,  however,  he  had 
exhibited  to  me  his  memoranda  and  explained  to  me  the  condition 
of  the  Bank,  which  induced  me  to  concur  with  him  in  the  belief 
that  the  assets  would  pay  to  depositors  and  other  creditors  of  a 
like  grade  a very  small  per  centum  on  the  debts  due  them,  and 
that  the  stock — as  the  holder  of  a part  of  which  the  State  was 
alone  directly  interested — was  absolutely  worth  nothing.  Being 
satisfied  that  the  State  had  no  interest  therein  to  protect,  I insti- 
tuted no  suit,  and  took  no  further  action  in  the  matter. 

GETTYSBURG  CEMETERY. 

I communicate  herewith  the  annual  report  of  Hon.  C.  D.  Hub- 
bard, the  Representative  of  this  State  in  the  board  of  commission- 
ers of  the  Soldier’s  National  Cemetery  at  Gettysburg  ; from  which 
it  may  be  seen  that  the  work  of  enclosing  and  beautifying  the 
Cemetery,  and  the  erection  of  a fitting  monument  to  the  memory 
of  the  brave  men  who  sleep  there  is  progressing  satisfactorily. 

PROPOSED  CEMETERY  AT  ANTIETAM. 

I have  received  a communication  from  His  Excellency,  the  Gov- 
ernor of  Maryland,  enclosing  a copy  of  an  act  of  the  legislature  of 


19 


Journal  of  the  Senate. 

that  State,  incorporating  a board-  of  trustees,  under  the  name  of 
the  “ Antietam  National  Cemetery,”  to  whom  shall  be  conveyed 
in  trust  a lot  of  ground  on  or  near  the  battle  field  of  Antietam 
“ for  the  purpose  of  the  burial  and  final  resting  place  of  the 
soldiers  who  fell  at  the  battle  of  Antietam,  ” &c.,  and  inviting  our 
State,  if  so  disposed,  to  unite  in  that  proceeding. 

I have  also  received  a report  of  the  trustees  appointed  on  behalf 
of  the  state  of  Maryland,  containing  a list  of  the  names  of  the 
soldiers  who  fell,  and  were  buried  as  they  fell,  on  the  battle- 
ground, and  whose  remains  have  not  been  removed  ; from  which  it 
appears  that  twenty-two  of  the  brave  men  of  West  Virginia  are 
still  lying  there  as  they  were  first  buried,  apparently  neglected 
and  uncared  for.  It  is  for  you  to  say  whether  this  neglect  shall 
longer  continue;  or  shall  we,  in  an  appropriate  manner,  manifest 
that  respect  for  these  gallant  dead  which  their  noble  sacrifice  so 
justly  demands  at  our  hands? 

STATUE  OF  WASHINGTON. 

It  will  be  recollected  that  on  the  return  of  Major  General  Hunter 
from  his  campaign  into  Virginia,  in  the  summer  of  1864,  he  turned 
over  to  this  State  a bronze  statue  of  George  Washington,  taken 
from  the  Virginia  Military  Institute  at  Lexington.  I have  recent- 
ly received  a communication  from  the  Adjutant  General  of  Vir- 
ginia, who  is,  ex-officio , a member  of  the  board  of  visitors  of  the 
Institute,  requesting  the  restoration  of  the  statue  ; but  inasmuch 
as  it  was  originally  transferred  to  the  keeping  of  the  State,  I 
declined  to  take  the  responsibility  of  allowing  its  removal.  Yet 
I have  no  hesitation  in  saying  that  in  my  opinion  it  should  be  at 
once  restored,  and  in  recommending  that  you  authorize  it  to  be  done. 

PUBLIC  WORKS. 

The  turnpike  roads  in  the  State  require  legislation.  All  those 
owned  by  the  State,  or  in  which  it  is  a stockholder,  are  more  or 
less  out  of  repair.  Many  important  bridges  were  destroyed  by  the 
armies,  or  were  allowed  to  wear  out  and  go  to  pieces  during  the 
war,  and  as  a consequence  it  is  almost  impossible  to  travel  by  any 
of  the  ordinary  modes,  in  many  portions  of  the  State.  Heretofore 
the  legislature  has  taken  no  action  on  this  subject,  because  of  the 
existence  of  the  war;  but  now  that  hostilities  have  ceased,  and 
the  people  have  returned  to  their  usual  vocations,  we  must  restore 
the  facilities  for  trade  and  travel — for  ingress  and  egress — before 
we  may  expect  a renewed  prosperity  of  the  State.  The  Board  of 
Public  Works  have  had  no  means  at  their  command  for  this  pur- 
pose, and  therefore  could  do  nothing.  It  remains  for  you  to 
determine  whether  this  shall  be  accomplished  by  the  appropriation 
of  money  from  the  Treasury,  or  by  some  other  method  which  your 
better  judgment  may  suggest. 

JAMES  RIVER  AND  KANAWHA  CANAL. 

In  October  last,  I received  a communication  from  Thomas  H. 
Ellis,  Esq.,  of  Richmond,  Va.,  president  of  the  James  River  and 
Kanawha  Company,  enclosing  me  a pamphlet  containing  “ An  Act 


20 


Journal  of  the  Senate. 

to  incorporate  the  Virginia  Canal  Company,  and  to  transfer  the 
rights  and  franchises  of  the  James  River  and  Kanawha  Company 
thereto,  ” passed  by  the  General  Assembly  of  Virginia,  March  29, 
1861.  The  pamphlet  also  contains  a statement  of  Mr.  Ellis,  from 
which  it  appears  that  in  1860  an  executory  agreement  was  entered 
into  between  Messrs.  Bellot  des  Miniers,  Brothers  and  Company,  of 
France,  of  the  one  'part,  and  the  James  River  and  Kanawha  Com- 
pany, of  the  other  part,  the  object  of  which  wTas,  not  only  to 
transfer  the  rights  and  franchises  of  the  last  named  company,  but 
to  bind  the  French  company  to  complete  the  water  line  or  canal 
between  the  waters  of  the  Chesapeake  Bay  and  the  Ohio  River  ; 
and  the  act  of  March  29,  1861,  wras  passed  for  the  purpose  of  giv- 
ing the  consent  of  the  commonwealth  of  Virginia  to  the  agreement, 
and  of  conferring  on  the  French  company  corporate  powers  to 
enable  them  to  perform  their  part  of  the  same. 

The  French  company  failed,  on  account  of  the  war,  probably,  to 
comply  with  their  charter,  and  it  is  therefore  regarded  as  forfeited, 
and  as  requiring  further  action  for  its  revival  on  the  part  of  the 
legislature  of  Virginia,  and  also  of  the  legislature  of  West  Virginia. 

I submit  the  commuuication  of  Mr.  Ellis,  with  the  accompanying 
document,  for  your  consideration.  If  capitalists  are  willing  to 
construct  through  our  State  a work  of  the  magnitude  and  impor- 
tance of  the  one  contemplated,  it  seems  to  me  that  they  should  be 
granted  the  most  liberal  legislation  to  enable  them  to  do  so,  guard- 
ing the  same,  however-,  by  such  provisions  as  may  be  deemed  neces- 
sary for  the  protection  of  the  interests  of  the  State  and  its  citizens. 

COVINGTON  AND  OHIO  RAILROAD. 

On  the  26th  of  October,  last,  I received  a communication  from 
Williams  0.  Wickham,  Esq.,  president  of  the  Virginia  Central 
Railroad  Company,  on  the  subject  of  the  completion  of  the  Coving- 
ton and  Ohio  Railroad  through  our  State,  either  as  an  independent 
enterprise,  or  in  conjunction  with  the  Virginia  Central;  and  sug- 
gesting that  the  co-operation  of  this  State  was  necessary  to  the 
accomplishment  of  the  work,  and  that  action  by  the  legislature 
might  become  desirable  for  the  purpose.  It  is  probable  that  such 
action  will  be  asked  for  at  the  present  session.  If  so,  I trust  that 
the  application  will  receive  your  favorable  attention. 

PERMANENT  CAPITOL. 

It  may  be  proper  for  me  to  state  that  the  lease  on  the  building 
now  occupied  as  the  State  capitol  expires  in  1868.  With  this  state- 
ment I submit  the  question  of  the  propriety  of  early  action  with  a 
view  to  a permanent  location  of  the  Capitol  without  making  any 
recommendation  whatever  on  the  subject. 

PENITENTIARY. 

In  every  message  since  the  organization  of  the  State,  I have 
recommended  the  construction  of  a penitentiary  in  which  suitable 
arrangements  should  be  made  for  the  profitable  working  of  the  con- 
victs, as  well  as  for  their  safe  keeping.  I now  most  respectfully  but 
earnestly  renew  the  recommendation.  Crime  seems  to  be  rapidly 


21 


Journal  of  the  Senate. 

increasing,  yet  there  is  not  a prison  in  the  State  where  convicts  can 
be  “safely  kept,”  as  the  law  prescribes.  The  jail  of  Ohio  county 
is  much  more  secure  and  its  capacity  is  much  greater  than  any 
other  in  the  State,  and,  as  authorized  by  law,  I have  selected  it  as 
the  principal  prison  for  the  confinement  of  convicts.  But  there  is 
no  room  in  it  for  working  them.  It  must  be  recollected  also  that 
many  of  those  convicts  are  old  offenders,  who  have  learned  how  to 
break  jail  as  well  as  to  rob  and  steal,  and  it  is  almost  impossible  to 
prevent  their  escape  from  any  county  jail.  My  information  is 
that  the  keeper  of  the  Ohio  county  jail  is  well  qualified  for  his 
position,  and  is  entirely  honest  in  the  discharge  of  his  duties,  yet 
within  the  past  year  nine  convicts  have  escaped,  none  of  whom 
have  been  re-captured.  I think  that  provision  should  at  once  be 
made  for  the  location  and  construction  of  a penitentiary. 

PARDONS  GRANTED. 

In  accordance  with  a provision  of  the  constitution,  I communi- 
cate herewith  a list  of  pardons  granted  during  the  past  year,  with 
the  particulars  of  the  several  cases  and  my  reasons  for  granting  the 
same. 

CONCLUSION. 

In  conclusion,  gentlemen,  I may  remark  that  you  have  ardu- 
ous and  important  work  before  you.  There  are  many  subjects  of 
great  interest  requiring  legislation  upon  which  it  was  not  deemed 
advisable  for  your  predecessors  to  take  action  because  during  the 
War  some  portions  of  the  State  could  not  be  fairly  represented, 
and  might  have  considered  their  interests  prejudiced  by  such 
action  in  the  absence  of  their  due  representation.  Legislation  on 
other  subjects  was  omitted  because  it  could  not  have  been  made 
effective  during  the  War.  But  these  grounds  of  delay  have  been 
removed,  and  now  no  reason  exists  why  you  should  not  take  action 
on  all  legitimate  subjects  of  legislation.  All  portions  of  the  State 
may  be  represented,  and  all  needful  and  properly  guarded  enact- 
ments may  be  made  effective  throughout  the  State.  I feel  assured, 
therefore,  that,  however  great  the  responsibility,  and  arduous  and 
delicate  the  task  devolving  on  you,  it  will  be  performed  with  a 
view  to  the  interests,  progress  and  prosperity  of  all  portions  of 
our  State,  and  with  the  purpose  and  an  ardent  desire  on  your 
part  that  it  may  redound  to  the  good  of  the  whole  country. 

Arthur  I.  Boreman, 

Mr.  Burdett  offered  the  following  resolutions,  which  were 
adopted 

Resolved , by  the  Legislature,  that  five  thousand  copies  of  the 
Governor’s  message  be  printed  for  the  use  of  the  Legislature. 

Resolved , by  the  Legislature,  that  the  documents  accompanying 
the  Governor’s  message  be  referred  to  a special  committee  of  five, 
three  to  be  appointed  for  the  House,  and  two  for  the  Senate,  to 
report  what  portions  of  the  said  documents,  and  the  number  of 
each  should  be  printed  for  the  use  of  the  two  Houses. 


22  Journal  of  the  Senate. 

The  President  appointed  under  the  second  resolution,  Messrs. 
Peck  and  Mahon. 

On  motion  of  Mr.  Hawkins, 

Resolved , That  when  the  Senate  adjourn  to-day,  it  will  adjourn 
to  meet  to-morrow  morning  at  10  o’clock,  and  thereafter,  at  the 
same  hour,  until  otherwise  ordered. 

On  motion  of  Mr.  Hawkins, 

Resolved,  That  Edwin  W.  S.  Moore,  be  appointed  Assistant 
Clerk,  and  that  he  be  allowed  four  dollars  per  day. 

On  motion  of  Mr.  Maxwell,  the  rules  for  the  government  of  the 
Senate,  in  force  during  the  last  session,  were  adopted  for  the 
government  of  this  Senate,  until  otherwise  ordered. 

The  Senate  then  adjourned. 


WEDNESDAY,  January  17,  1866. 

The  Senate  met  pursuant  to  adjournment,  and  was  opened  with 
prayer  by  Rev.  T.  B.  Taylor,  of  the  M.  E.  Church. 

Tho  officers  elected,  except  Mr.  Mahon,  who  is  absent,  having 
been  qualified,  entered  upon  the  discharge  of  their  duties. 

Mr.  Burdett  presented  the  petition  and  papers  of  Mr.  A.  Wer- 
ninger,  the  contestant  for  the  seat  of  Mr.  Haymond,  which  was 
referred  to  the  Committee  on  Privileges  and  Elections. 

Mr.  Slack  presented  papers  of  Mr.  Robert  Hagar,  relating  to  his 
contest  for  the  seat  of  Mr.  Cook,  wffiich  were  referred  to  the  same 
Committee. 

The  President  reported  the  following  Standing  Committees  : 

On  Privileges  and  Elections — Messrs.  Slack,  Burdett,  Chambers, 
Mahon  and  Peck. 

On  the  Judiciary — Messrs.  Maxwell,  Peck,  Chapline,  Burley  and 
Slack. 

On  finance  and  Claims — Messrs.  Peck,  Burdett,  Hawkins,  Chap- 
line  and  Kitchen. 

On  Ranks  and  Corporations — Messrs.  Chapline,  Haymond,  Bur- 
ley, O’Brien  and  Wright. 

On  Township  and  County  Organization  and  Municipal  Corpora- 
tions— Messrs.  Mahon,  Price,  Peck,  Corley  and  O’Brien. 

On  Military  Affairs — Messrs.  Duval,  Corley  and  Burdett. 

On  Internod  Improvements  and  Navigation — Messrs.  Burley, 
Price,  Slack,  Hawkins  and  Kitchen. 

On  Education — Messrs.  Dix,  Chapline  and  Maxwell. 

On  Humane  and  Criminal  Institutions — Messrs.  Slack,  Dix, 
Chambers,  Maxwell  and  Duval. 

On  Enrolled  Bills — Messrs.  Price,  Duval  and  Kitchen. 


23 


Journal  of  the  Senate. 

On  the  Library — Messrs.  Wright,  O’Brien  and  Dix. 

On  Executive  Expenditures — Messrs.  Burdett,  Burley  and  Slack. 

To  Examine  Auditor  s Office , Treasurer  s Accounts , and  Bonds 
of  Public  Officers — Messrs.  Wright,  Chapline  and  Maxwell. 

To  Examine  the  Clerk's  Office — Messrs.  Hawkins,  Corley  and 
O’Brien. 

Mr.  Wright  appeared  in  his  seat. 

Mr.  Duval  presented  the  petition  of  numerous  citizens  of  Brooke 
County,  praying  an  amendment  of  the  3d  Section  of  the  102d 
chapter  of  the  code  of  1860,  which  was  read  and  referred  to  the 
Committee  on  the  Judiciary. 

Mr.  Burley  presented  the  petition  of  Samuel  Crane,  late  Auditor 
of  this  State,  praying  the  payment  of  his  salary  from  the  4th  day 
of  March,  1863,  until  the  20th  day  of  June,  1863,  which  was 
referred  to  the  Committee  on  Finance  and  Claims. 

On  motion  of  Mr.  Burdett, 

Resolved , That  the  Committee  on  Internal  Improvements  and 
Navigation,  inquire  into  the  expediency  of  appropriating  money  to 
repair  the  North-Western  Turnpike. 

On  motion  of  Mr.  Corley, 

Resolved , That  the  Committee  on  Internal  Improvements  and 
Navigation,  inquire  into  the  expediency  of  appropriating  $50,000, 
to  the  Western  and  Gauley  Bridge  Turnpike  Company,  for  the  pur- 
pose of  repairing  said  road  and  McAdamizing  certain  portions 
thereof. 

On  motion  of  Mr.  Maxwell, 

Resolved , That  so  much  of  the  Governor’s  message  as  relates  to 
the  report  of  the  Adjutant  General,  the  organization  of  the 
militia,  the  report  of  the  Quartermaster  General,  Militia  Claims, 
Gettysburg  Cemetery,  proposed  Cemetery  at  Antietam,  and  the 
Statue  of  Washington,  be  referred  to  the  Committee  on  Military 
Affairs. 

On  motion  of  Mr.  Peck, 

Resolved , That  the  President  of  the  Senate  be  authorized  to 
invite  the  various  clergymen  of  the  city  of  Wheeling,  and  others, 
to  open  the  Senate  each  morning  of  its  session,  with  prayer. 

On  motion  of  Mr.  Burdett, 

Resolved , That  so  much  of  the  Governor’s  message  as  relates  to 
the  question  of  the  donation  of  land  by  the  General  Government, 
for  the  purpose  of  an  Agricultural  College,  and  so  much  thereof 
as  relates  to  Free  Schools,  be  referred  to  the  Committee  on 
Education. 

On  motion  of  Mr.  Maxwell, 

Resolved , That  so  much  of  the  Governor’s  message  as  relates  to 
the  Hospital  for  the  Insane,  at  Weston,  and  lunatics  from  the  State 
of  West  Virginia,  confined  at  Staunton,  be  referred  to  the  Com- 
mittee on  Humane  and  Criminal  Institutions. 


24 


Journal  of  the  Senate. 

Mr.  Chapline,  by  leave,  introduced  Senate  Bill  No.  1,  entitled 
“ A Bill  to  explain  and  amend  an  act  passed  November  16,  1863, 
entitled  ‘ An  act  to  amend  and  re-enact  the  first  section  of  an  act 
entitled  An  act  concerning  oaths  and  affirmations,  passed  June 
26th,  1863,’  ” and  Senate  Bill  No.  2,  entitled  “ A Bill  to  prevent 
and  punish  the  forcible  or  unlawful  obstruction  of  public  justice,  ” 
which  were  each  read  the  first  time,  and  referred  to  the  Committee 
on  the  Judiciary. 

A communication  from  the  House  of  Delegates,  by  Mr.  Smith,  of 
Berkeley,  announced  the  adoption  of  the  following  preamble  and 
resolutions,  and  asked  concurrence  : 

“ Whereas,  on  the  31st  day  of  January,  1863,  the  Legislature 
of  the  State  of  Virginia  passed  a law,  giving  the  consent  of  said 
State  to  the  county  of  Berkeley  becoming  part  of  the  State  of  West 
Virginia,  and  authorizing  a vote  to  be  taken  in  said  county  on  the 
4th  Thursday  of  May,  1863,  upon  the  question  of  annexing  said 
county  to  the  State  of  West  Virginia;  and  whereas,  on  the  4th 
day  of  February,  A.  D.,  1863,  a like  law  was  passed  by  the  Legis- 
lature of  the  State  rof ^Virginia  authorizing  the  people  of  Jefferson 
county  on  the  same  day  to  take  a vote  upon  annexing  said  county 
of  Jefferson  to  the  State  of  West  Virginia;  and  whereas,  on  the  said 
4th  Thursday  of  May,  1863,  a vote  was  taken  in  each  of  said  coun- 
ties in  pursuance  of  said  laws,  upon  the  question  of  annexing  said 
counties  to  the  State  of  West  Virginia,  and  a majority  of  the  votes 
cast  in  each  of  said  counties  was  in  favor  of  said  annexation  ; and 
whereas,  on  the  22d  day  of  July,  A.  D.,  1863,  His  Excellency, 
Francis  H.  Peirpoint,  then  and  still  Governor  of  the  Common- 
wealth of  Virginia,  certified  to  the  Governor  of  the  State  of  West 
Virginia  under  his  hand  and  the  less  seal  of  said  State,  that  from 
the  returns  and  files  in  his  office,  a very  large  majority  of  the  votes 
cast  at  said  elections  in  said  counties  was  in  favor  of  said  annexa- 
tion ; and  whereas,  on  the  5th  day  of  August,  A.  D.,  1863,  the 
Legislature  of  West  Virginia  passed  a law  accepting  the  transfer 
and  annexation  of  said  county  of  Berkeley  to  the  said  State  of 
West  Virginia  ; and  whereas,  on  the  2d  day  of  November,  A.  D., 
1863,  the  Legislature  ot  West  Virginia  passed  a like  law,  accept- 
ing the  transfer  and  annexation  of  said  county  of  Jefferson  to  the 
State  of  West  Virginia  ; and  whereas,  ever  since  the  passage  of 
these  laws,  the  State  of  West  Virginia  and  the  various  State, 
county,  and  township  officers  of  said  State,  have  continually  exer- 
cised exclusive  and  undisputed  jusrisdiction,  and  all  the  acts  of 
municipal  sovereignty  necessary  for  the  good  government  of  said 
counties;  and  whereas,  it  has  been  recently  claimed  and  insisted 
that  the  transfer  and  annexation  of  said  counties  were  not  valid 
and  complete  until  the  same  were  ratified  by  Congress;  and  where- 
as, the  doubts  and  uncertainty  created  by  such  claims  and  repre- 
sentations tend  greatly  to  create  a spirit  of  insubordination  and 
disloyalty — to  the  laws  and  government  of  the  State  : — 


25 


Journal  of  the,  Senate. 

Therefore,  Be  it  resolved,  by  the  Legislature  of  the  State  of  West 
Virginia,  That  our  Senators  and  Representatives  in  Congress  be 
requested  to  urge  the  speedy  passage  of  a bill  or  joint  resolution 
by  Congress,  giving  its  consent  to  the  annexation  and  transfer  of 
said  counties  to  the  State  of  West  Virginia,  ratifying  and 
approving  the  same. 

Resolved,  That  the  Governor  be  requested  to  furnish  each  of  our 
Senators  and  Representatives  in  Congress  a copy  of  the  foregoing 
Resolutions. 

On  motion  of  Mr.  Burdett,  the  said  preamble  and  resolutions 
were  referred  to  the  Committee  on  the  Judiciary. 

The  Senate  adjourned. 


THURSDAY,  January  18,  1866. 

The  Senate  met  at  10  o’clock,  and  was  opened  with  prayer  by 
Rev.  T.  H.  Monroe,  of  the  M.  E.  Church. 

The  journal  was  read  and  approved. 

The  following  message  was  received  from  the  House  of  Delegates  : 

Clerk’s  Office,  House  of  Delegates.  \ 
Wheeling,  January  17,  1866.  / 

The  House  has  this  day  concurred  in  the  Senate  joint  resolution 
providing  for  the  printing  of  the  Governor’s  message. 

It  has  also  concurred  in  the  Senate  joint  resolution  appointing  a 
committee  on  the  printing  of  the  documents  accompanying  the 
Governor’s  message,  and  appointed  thereon  Messrs.  Hornbrook, 
Camden  and  Stidger. 

Wm.  P.  Hubbard, 
Clerk  House  of  Delegates. 

Mr.  Slack,  from  the  Committee  on  Privileges  and  Elections,  sub- 
mitted a report  in  the  contested  election  case  of  Robert  Hagar, 
against  John  Cook,  in  the  8th.  Senatorial  District,  to  the  effect  that 
Robert  Hagar  received  a decided  majority  of  the  votes  legally  cast 
in  said  district,  and  recommending  that  said  Hagar  be  admitted  to 
a seat  in  this  body  in  place  of  said  Cook,  who  was  returned  elected. 

On  motion  of  Mr.  Dix,  said  report  was  received  and  adopted. 

Mr.  Hagar  appeared,  was  duly  qualified,  and  took  his  seat. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
back  the  House  joint  resolutions  in  relation  to  the  counties  of  Berke- 
ley and  Jefferson,  recommending  that  they  be  adopted,  which,  was 
agreed  to. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims, 
reported  adversely  upon  the  petition  of  Samuel  Crane,  late  Audi- 
tor, claiming  compensation  from  March  4,  1863,  until  June  20, 
1863 ; but  on  motion  of  Mr.  Burley,  said  petition  and  report  were 
re-committed. 

4 


26 


Journal  of  the  Senate. 

Mr.  Peck,  by  leave,  introduced  Senate  Bill  No.  3,  entitled  “A 
Bill  amending  section  44,  chapter  100,  of  the  acts  of  1863,  ” which 
was  read  the  first  time  and  referred  to  the  Committee  on  the 
Judiciary.  % 

Mr.  Chapline,  by  leave,  introduced  Senate  Bill  No.  4,  entitled 
“ A Bill  to  amend  an  act 'passed  March  1,  1865,  entitled  ‘ An  act  in 
relation  to  the  Statutes  of  Limitation,  ’ ’’  and  Senate  Bill  No.  5, 
entitled  “ A Bill  to  authorize  the  Board  of  Supervisors  to  appoint 
a Surveyor  of  Roads  for  each  precinct  in  any  county,  ” each  of 
which  bills  were  read  the  first  time,  and  the  first  referred  to  the 
Committee  on  the  Judiciary  and  the  second  to  the  Committee  on 
Internal  Improvements  and  Navigation. 

Mr.  Peck  presented  the  petition  of  Elijah  Bay,  one  of  the  Asses- 
sors of  Ohio  county,  and  twenty-two  other  Assessors  in  this  State, 
praying  an  increase  of  the  compensation  of  Assessors,  which  were 
referred  to  the  Committee  on  Finance  and  Claims. 

On  motion  of  Mr.  Slack, 

Resolved , That  so  much  of  the  Governor’s  message  as  refers  to 
the  subject  of  the  re-assessment  of  the  lands  of  this  State,  be  refer- 
red to  the  Committee  on  Finance  and  Claims. 

On  motion  of  Mr.  Hagar, 

Resolved,  That  the  Committee  on  the  Judiciary. inquire  into  the 
expediency  of  reporting  a bill  making  all  land  patents  legal  which 
were  issued  before  January  1,  1856,  and  that  peaceable  possession 
far  six  years  shall  be  a good  title  in  law. 

On  motion  of  Mr.  Burdett, 

Resolved , That  the  Committee  on  Internal  Improvements  and 
Navigation  inquire  into  the  expediency  of  appropriating  a sum  of 
money  to  aid  in  the  construction  of  a road  from  the  town  of  Flem- 
ington  in  the  county  of  Taylor,  to  a point  near  Maxwell’s  mill, 
connecting  with  the  road  to  Buckhannon  in  Upshur  county. 

On  motion  of  Mr.  Hagar, 

Resolved,  That  the  Committee  on  the  Judiciary  inquire  into  the 
expediency  of  reporting  a bill  providing  that  where  persons  have 
been  elected  to  either  branch  of  the  Legislature  who  cannot  take 
the  oath  required  by  law,  either  House  may  appoint  a person  to  fill 
such  vacancy  until  the  next  annual  election. 

Mr.  Chapline  offered  the  following,  which  lies  over,  under  the 
rules : 

Whereas,  the  most  merciful  policy  and  proclamations  of  the 
President  of  the  United  States  in  regard  to  rebels  late  in  arms 
against  the  Government,  instead  of  awakening  a proper  sense  of 
gratitude  upon  their  .part  and  producing  due  deference  and  sub- 
mission to  the  established  laws  of  West  Virginia,  have  resulted  in 
many  instances  in  open  opposition  to  and  defiance  of  the  same  and 
in  a systematized  attempt  throughout  the  State  to  take  possession 


27 


Journal  of  the  Senate, 

of  the  ballot  box  and  to  prevent  the  organization  of  the  govern- 
ment and  the  establishment  of  civil  law,  except  upon  rebel  terms 
and  the  admission  of  rebels  into  office: — 

therefore,  Resolved , by  the  Legislature  of  the  Slate  of  West  Vir- 
ginia, That  it  is  inexpedient  at  this  time,  to  modify  or  repeal  any 
of  the  existing  laws,  restrictions  or  disqualifications  in  this  State  in 
regard  to  persons  who  participated  in  the  late  rebellion. 

The  Senate  adjourned. 


FRIDAY,  January  19,  1866. 

The  Senate  met  at  10  o’clock,  A.  M.,  and  was  opened  with  prayer 
by  Rev.  Mr.  Dix,  member  of  the  Senate. 

The  journal  of  yesterday  was  read  and  approved. 

Mr.  Slack,  from  the  Committee  on  Privileges  and  Elections,  sub- 
mitted a report  in  the  contested  election  case  of  A.  Werninger, 
against  Daniel  Haymond,  in  the  4th  district,  stating  “ that 
although  the  poll  at  Pennsboro,  in  Ritchie  county,  (which  secures 
to  Mr.  Haymond,  a majority  in  the  district,)  does  not  appear  to 
have  been  properly  certified,  (although  we  believe  it  was  taken  in 
good  faith,)  the  fact  is  that  Mr.  Werninger  failed  to  give  Mr.  Hay- 
mond notice  of  his  purpose  to  contest  his  seat,  within  the  time 
prescribed  by  law.  It  is  therefore,  the  opinion  of  the  Committee 
that  Daniel  Haymond  is  legally  entitled  to  a seat  in  this  body.  ” 

The  report  was  received  and  adopted. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
Senate  Bill  No.  6,  entitled  “ A Bill  to  amend  and  re-enact  sections 
3 and  4 of  chapter  102  of  the  Code  of  Virginia,  second  edition,  ” 
which  was  read  the  first  time. 

Mr.  Maxwell,  from  the  same  Committee,  reported  adversely 
upon  the  resolution  of  Mr.  Hagar,  referred  yesterday,  upon  the 
subject  of  filling  vacancies  in  the  Legislature. 

The  report  was  adopted. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims,  again 
reported  adversely  upon  the  petition  of  Samuel  Crane,  late  Audi- 
tor, which  was  re-committed  to  that  Committee  yesterday.  The 
report  also  recommends  that  leave  be  granted  ’the  petitioner  to 
withdraw  his  petition. 

The  report  was  adopted. 

Mr.  Burdett  presented  the  petition  of  citizens  of  Taylor  and 
Barbour  county,  asking  for  the  appropriation  of  $10,000  for  the 
purpose  of  constructing  a road  from  Flemington  in  Taylor  county, 
to  Maxwell’s  mill  in  Barbour  county,  which  was  read  and  referred 
to  the  Committee  on  Internal  Improvements  and  Navigation. 


28  Journal  of  the  Senate. 

Mr.  Kitchen,  by  leave,  introduced  Senate  Bill  No.  7,  entitled 
“ A Bill  to  authorize  the  sale  of  a lot  in  or  near  the  town  of  Mar- 
tinsburg,  ” which  was  read  the  first  time,  and  referred  to  the 
Committee  on  the  Judiciary. 

On  motion  of  Mr.  Chapline,  the  Senate  took  up  and  adopted  the 
joint  resolution  offered  by  him  yesterday,  in  relation  to  the  laws 
which  affect  disloyal  persons. 

Mr.  Price  presented  the  petitions  of  a large  number  of  the  citi- 
zens of  Monongalia  county,  asking  that  the  State  Agricultural 
College  be  located  at  or  near  Morgantown,  accompanied  by  a reso- 
lution of  the  Board  of  Trustees  of  the  Monongalia  Academy,  pro- 
posing to  make  a donation  of  real  and  personal  property  valued  at 
$57,000,  to  said  college,  on  condition  that  the  same  be  located  at  or 
near  said  town. 

All  the  said  papers  were  referred  to  the  Committee  on  Education. 

On  motion  of  Mr.  Corley, 

Resolved,  That  the  Committee  on  Internal  Improvements  and 
Navigation  inquire  into  the  expediency  of  appropriating  $6,000 — 
to  rebuild  two  bridges — one  across  the  Buckhannon  river  at  Upshur 
Court  House,  and  the  other  across  the  Valley  river  at  Bandolph 
Court  House,  on  the  Staunton  and  Parkersburg  Turnpike  road,  and 
report  by  bill  or  otherwise. 

On  motion  of  Mr.  O’Brien, 

Resolved , That  the  Committee  on  Counties,  Townships  and 
Municipal  Corporations,  take  into  consideration  the  expediency  of 
abolishing  County  and  Township  Treasurers  and  report  bybill  or 
otherwise. 

On  motion  of  Mr.  O’Brien, 

Resolved , That  the  Committee  on  Education  inquire  into  the 
expediency  of  so  amending  the  laws  on  education  as  to  make  addi- 
tional provisions  for  the  payment  of  school  teachers,  after  the  State 
funds  are  exhausted  and  report  by  bill  or  otherwise. 

On  motion  of  Mr.  Hagar, 

Resolved , That  the  Committee  on  the  Judiciary  inquire  into  the 
expediency  of  reporting  by  bill  or  otherwise,  compelling  all  per- 
sons to  keep  their  property  on  their  own  premises. 

On  motion  of  Mr.  Chambers, 

Resolved.  That  the  Committee  on  Internal  Improvements  and 
Navigation  inquire  into  the  expediency  of  appropriating  the  sum  of 
$25,000  for  the  purpose  of  putting  in  good  repair  the  .Giles,  Fayette 
and  Kanawha  Turnpike  road,  from  Charleston  in  Kanawha  county, 
to  Peterstown  in  Monroe  county,  that  being  the  southern  boundary 
of  the  State  of  West  Virginia. 

On  motion  of  Mr.  Peck, 

Resolved , That  the  Committee  on  Humane  and  Criminal  Institu- 
tions take  into  consideration  the  propriety  of  providing  a House  of 
Refuge  for  the  State  of  West  Virginia. 

The  Senate  adjourned. 


29 


Journal  of  the  Senate. 

SATURDAY,  January  20,  1866. 

The  Senate  met  at  10  o’clock,  A.  M.,  and  was  opened  with  prayer 
by  Rev.  W.  R.  White. 

The  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates: 

Clerk’s  Office,  House  of  Delegates,  \ 
Wheeling , January  19,  1866.  J 

The  House  has  this  day  adopted  the  following  joint  resolutions, 
in  which  it  respectfully  asks  concurrence  : 

Resolved , by  the  Legislature  of  West  Virginia , That  the  Governor 
be  authorized  to  employ  an  agent  who  shall  proceed  immediately 
to  Staunton  and  Williamsburg,  Virginia,  for  the  purpose  of  ascer- 
taining the  number  of  insane  persons  in  the  Asylumns  at  each  of 
those  places,  who  were  sent  from  within  this  State  ; the  amount 
claimed  at  each  institution  for  their  support  to  the  1st  of  January, 
1866;  and  the  terms  on  which  they  can  remain  in  those  institu- 
tions for  the  current  year,  and  that  he  make  a report  to  the 
Governor,  to  be  laid  before  the  Legislature. 

Resolved , by  the  Legislature  of  West  Virginia , That  the  two 
branches  will  proceed  on  Tuesday  the  23d  inst.,  at  eleven  o’clock, 
A.  M.,  to  elect  a public  printer. 

Wm.  P.  Hubbard, 

Cleric  House  of  Relegates. 

The  first  of  said  resolutions  was  referred  to  the  Committee  on 
Humane  and  Criminal  Institutions,  and  the  second  was  adopted. 

Mr.  Slack,  from  the  Committee  on  Privileges  and  Elections,  sub- 
mitted the  following  report,  which  was  adopted  : 

“ The  following  persons  are  duly  elected  from  their  respective 
districts  and  are  entitled  to  mileage  for  traveling  the  following  dis- 
tances in  coming  to,  and  the  same  in  returning  from  the  Capitol : 


1st  District,  I.  H.  Duval, 16  miles. 

2d  “ James  Burley, 12  “ 

3d  “ J.  S.  Burdett, 100  “ 

4th  “ D.  Haymond, 166  “ 

5th  “ E.  S.  Mahon, 242  “ 

6th  “ E.  J.  O'Brien, 125  “ 

7th  “ D.  H.  K.  Dix, 321  “ 

8th  “ Robert  Hagar, 392  “ 

9th  “ Vacancy. 

10th  “ J.  A.  Ohapline, 306  “ 

Old  Members. 

1st  District,  Daniel  Peck, 00  miles. 

2d  “ Aaron  Hawkins, 77  “ 


30 


Journal  of  the  Senate. 


3d  District,  William  Price, 96  miles. 

4th  “ Edwin  Maxwell, 150  “ 

5th  “ W.  E.  Stevenson, 203  “ 

6th  “ J.  M.  Corley, ' 177  “ 

7th  “ G-.  Slack, 346  “ 

8th  “ E.  D.  Weight, 330  “ 

9th  “ W.  F.  Chambers, 460  “ 

10th  “ B.  M.  Kitchen, 294  “ 


Mr.  Burdett,  from  the  Committee  on  Finance  and  . Claims, 
reported  Senate  Bill  No.  8,  entitled  “ A Bill  amending  section  94, 
chapter  118,  of  the  acts  of  1863,  ” which  was  read  the  first  time. 

Mr.  Duval,  from  the  Committee  on  Military  Affairs,  reported  the 
following  joint  resolution,  which  lies. over  under  the  rules  : 

Resolved , by  the  Legislature  of  West  Virginia , That  His  Excel- 
lency, A.  I.  Boreman,  be  and  is  hereby  authorized  to  turn  over  to 
the  State  of  Virginia,  or  its  legally  authorized  agent,  the  bronze 
statue  of  George  Washington,  formerly  belonging  to  the  State  of 
Virginia. 

Mr.  Burley,  from  the  Committee  on  Internal  Improvements  and 
Navigation,  reported  adversely  upon  the  resolution  proposing  to 
appropriate  $50,000  to  the  Western  and  Gauley  Bridge  Turnpike 
Company  ; and  Mr.  Burley  also  reported  adversely  upon  the  reso- 
lution proposing  to  appropriate  money  to  construct  a road  from 
Flemington  to  Maxwell’s  mill. 

The  report  in  the  first  case  was  adopted,  and  in  the  second,  the 
report  and  resolution  were  laid  on  the  table. 

On  motion  of  Mr.  Mahon, 

Resolved , That  all  that  part  of  the  Governor’s  message  having 
reference  to  the  colored  people  of  this  State,  be  .referred  to  the 
Committee  on  the  Judiciary. 

On  motion  of  Mr.  Hagar, 

Resolved , That  the  Committee  on  Internal  Improvements  and 
Navigation  inquire  into  the  expediency  of  appropriating  five  thou- 
sand dollars  to  build  a bridge  across  Big  Cole  River,  on  the  State 
road,  at  or  near  Peytona  in  Boone  County,  and  report  by  bill  or 
otherwise. 

On  motion  of  Mr.  Hagar, 

Resolved , That  the  Committee  on  Finance  and  Claims  inquire 
into  the  expediency  of  releasing  the  property  of  soldiers  who  have 
died  in  the  service  of  the  United  State,  or  have  served  out  their 
time  of  enlistment,  or  have  been  honorably  discharged  from  the 
same,  from  the  tax  of  1861,  ’62,  ’63  and  ’64;  also,  the  property  of 
those  who  have  been  killed  by  the  rebels,  or  have  been  carried 
away  by  them  and  died  in  prison,  or  returning  therefrom. 

On  motion  of  Mr.  Corley, 

Resolved , That  the  Committee  on  Finance  and  Claims  inquire 
into  the  expediency  of  releasing  such  lands  from  back  taxes  and 


31 


Journal  of  the  Senate. 

damages,  as  lie  in  the  counties  where  the  Collectors  of  the  Rev- 
enue were  deprived  from  making  such  collections  of  taxes  during 
the  war  and  report  by  bill  or  otherwise. 

Mr.  Slack  offered  the  following  resolution,  which  was  referred  to 
the  Committee  on  Privileges  and  Elections: 

Whereas,  it  is  manifest  to  the  Senate  that  Henry  M.  Mathews, 
of  the  County  of  Greenbrier,  who  received  a large  numerical 
majority  of  the  votes  of  the  9th  Senatorial  District,  for  a seat  in 
this  body,  became  a candidate  and  was  voted  for,  with  a full 
knowledge  on  his  part,  of  the  fact  that  he  was  ineligible  to  the 
office  of  Senator,  he  being  unable  to  take  the  oath  required  by  law, 
having  wilfully  participated  in  the  late  rebellion  : 

Be  it  therefor  Beesolved,  That  the  seat  to  which  the  said  Mathews 
was  elected  to  fill  in  this  body,  is  hereby  declared  vacant. 

On  motion  of  Mr.  Chapliue, 

Itesolved,  That  John  H.  Charnock  is  hereby  appointed  Janitor 
for  the  Senate,  and  shall  receive  for  his  services  the  sum  of  two 
dollars  per  day,  and  all  the  other  officers  of  the  Senate,  be  allowed 
the  same  per  diem  that  they  received  last  session. 

On  motion  of  Mr.  Chapline, 

Besolved , That  the  Committee  on  Internal  Improvements  and 
Navigatiou  be  requested  to  inquire  into  the  expediency  of  appro- 
priating the  sum  of  five  thousand  dollars  to  assist  in  re-builing  the 
bridge  across  the  Potomac  River,  at  Shepherdstown  in  Jefferson 
County. 

Senate  Bill  No.  6,  entitled  “ A Bill  to  amend  and  re-enact  sec- 
tion 3d  and  4th  of  chapter  102  of  the  Code  of  Virginia,  second 
edition,  ” on  its  second  reading  was  taken  up,  and  verbally  amend- 
ed by  striking  out  of  line  3 the  word  “ be,  ” and  inserting  in  lieu 
thereof,  the  word  “is;  ” out  of  line  12,  the  wTord  11  in”  and  insert- 
ing in  lieu  thereof,  “in;”  and  out  of  line  14,  the  word  “each,” 
and  inserting  in  lieu  thereof,  “ such.  ” 

The  bill  was  then  ordered  to  be  engrossed,  and  read  the  third 
time. 

The  Senate  then  adjourned. 


MONDAY,  January  22,  1866. 

The  Senate  met  at  10  o’clock,  A.  M.,  and  was  opened  with  prayer 
by  Rev.  Mr.  Ball. 

The  journal  of  Saturday  last  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates,  1 
Wheeling , January  20,  1866.  j 

The  House  has  this  day  passed  the  following  joint  resolution,  in 
which  it  respectfully  asks  the  concurrence  of  the  Senate  : 


32 


Journal  of  the  Senate. 

House  Joint  Resolution,  No.  G,  providing  forrestoring  theStatue 
of  George  Washington  to  the  State  of  Virginia  : 

Resolved , by  the  Legislature  of  West  Virginia , That  His  Excel- 
lency, the  Governor,  be  and  is  hereby  authorized  to  turn  over  to 
the  State  of  Virginia,  or  its  legally  authorized  agent,  the  bronze 
statue  of  George  Washington,  formerly  belonging  to  the  State  of 
Virginia. 

Wm.  P.  Hubbard, 

Clerk  House  of  Delegates. 

On  motion  of  Mr.  Maxwell,  said  resolution  was  laid  on  the  table. 

Mr.  Maxwell  from  the  Committee  on  the  Judiciary,  reported 
adversely  upon  the  resolution  proposing  to  legalize  all  land  patents 
issued  before  January  1,  1856,  and  making  peaceable  possession 
for  six  years  constitute  a legal  title. 

The  report  was  adopted. 

Mr.  Peck,  from  the  same  Committee,  reported  Senate  Bill  No.  9, 
entitled  “A  Bill  to  legalize  the  execution,  acknowledgment  and 
recording  of  certain  deeds  in  Monroe  county,  ” which  was  read  the 
first  time. 

Mr.  Peck,  by  leave,  introduced  Senate  Bill  No.  10,  entitled  “ A 
Bill  securing  liens  to  mechanics,  laborers,  and  others,  ” which  was 
read  the  first  time,  and  referred  to  the  Committee  on  the  Judiciary. 

Mr.  Chapline  introduced  Senate  joint  resolution  No.  6,  as  fol- 
lows : 

Whereas,  a bill  is  now  pending  in  the  House  of  Representatives 
of  the  United  States,  entitled  “ A bill  granting  lands  to  the  State 
of  West  Virginia,  to  aid  in  the  construction  of  certain  railroads  ; ” 
and  whereas,  the  early  construction  of  the  lines  of  railroad  men- 
tioned in  said  bill  is  of  the  utmost  importance,  not  only  to  this 
State,  but  to  the  nation  at  large,  forming,  as  they  do,  indispensible 
links  in  the  chain  of  great  national  highways  ; and  whereas,  the 
heavy  expenditures  imperatively  demanded  on  the  part  of  this 
State,  in  the  construction  of  her  public  buildings  and.  otherwise, 
will,  for  a long  time  to  come,  be  such  as  to  prevent  the  State  from 
assisting  in  the  construction  of  said  roads ; Therefore, 

Resolved , by  the  Legislature  of  West # Virginia , 

1.  That  we  do  most  earnestly  request  the  Congress  of  the  United 
States  to  pass,  and  His  Excellency,  the  President  of  the  United 
States,  to  approve  the  said  bill  , and  that  our  Senators  in  the  Con- 
gress of  the  United  States  be  instructed,  and  our  Representatives 
therein,  requested  to  use  their  utmost  exertions  to  procure  the 
passage  thereof. 

2.  That  His  Excellency,  the  Governor  of  this  State,  forward  to 
each  of  our  Senators  and  Representatives,  a copy  of  this  preamble 
and  these  resolutions. 

On  motion  of  Mr.  Chapline,  the  rule  was  suspended,  and  said 
resolution  adopted.  Ordered , That  Mr.  Chapline  so  inform  the 
House. 


33 


Journal  of  the  Senate. 

Mr.  Burdett  offered  the  following  resolution : 

Resolved , That  the  Clerk  of  the  Senate  be  directed  to  pay  Mr. 
Mathews,  the  Senator  elect  from  the  9th  Senatorial  District,  his 
mileage. 

On  motion  of  Mr.  Chapline,  said  resolution  was  laid  on  the  table. 

Mr.  Slack,  from  the  Committee  on  Humane  and  Criminal  Institu- 
tions, reported  back  House  Joint  Resolution  Ho.  4,  recommending 
that  it  be  adopted,  which  was  agreed  to. 

Mr.  Slack  presented  the  petition  of  a large  number  of  the  citi- 
zens of  Raleigh  county,  praying  that  Wilson  Abbott,  late  Sheriff 
of  said  county,  be  released  from  the  payment  of  certain  judgments 
rendered  against  him  at  Richmond,  for  unpaid  revenue  of  1856 
and  1857,  which  was  read  and  referred  to  the  Committee  on 
Finance  and  Claims. 

Senate  Bill  Ho.  6,  “ A Bill  to  amend  and  re-enact  section  3d  and 
4th,  of  chapter  102,  of  the  Code  of  Virginia,  second  edition,  ” was 
read  the  third  time,  and  passed  with  its  title : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Chapline,  Cham- 
bers, Corley,  Dix,  Haymond,  Hawkins,  Hagar,  Kitchen,  Mahon, 
Maxwell,  O’Brien,  Price,  Slack  and  Wright — 16. 

Hays — Hone. 

The  Senate  adjourned. 


TUESDAY,  January  23,  1866. 

The  Senate  met  at  10  o’clock,  A.  M.,  and  was  opened  with  prayer 
by  Rev.  Mr.  Ball. 

The  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates 

Clerk’s  Office,  House  of  Delegates,  1 
Wheeling , January  22,  1866  j 

The  House  has  this  day  concurred  in  Senate  Joint  Resolution, 
Ho.  6,  relating  to  the  passage  of  a law- by  Congress,  granting  lands 
to  the  State  of  West  Virginia,  t©  aid  in  the  construction  of  certain 
railroads. 

Wm.  P.  Hubbard, 

Cleric  House  of  Delegates. 

Mr.  Duval  presented  the  petition  of  James  Hervey,  of  Brooke 
county,  praying  for  an  amendment  of  section  34,  chapter  118,  of 
the  acts  of  1863,  which  was  referred  to  the  Committee  on  Finance 
and  Claims. 

Mr.  Peck,  by  leave,  introduced  Senate  Bill  Ho.  11,  entitled  “ A 
Bill  to  incorporate  the  Jonathan’s  Gaut  and  Glenn’s  Run  Turnpike 


34 


Journal  of  the  Senate. 

Company,  ” which  was  read  the  first  time  and  referred  to  the  Com- 
mittee on  Internal  Improvements  and  Navigation. 

On  motion  of  Mr.  Burdett, 

Resolved , That  the  Committee  on  Finance  and  Claims  inquire 
into  the  expediency  of  allowing  and  paying  Edward  D.  Wright  a 
claim  for  beef  furnished  the  9th  Virginia  Regiment  of  Volunteers. 

On  motion  of  Mr.  Burdett, 

Resolved , That  the  Committee  on  Internal  Improvements  and 
Navigation  inquire  into  the  expediency  of  making  an  appropriation 
to  complete  the  Fetterman  and  Coveton  Turnpike  Road,  in  Taylor 
and  Barbour  counties. 

On  motion  of  Mr.  Burley, 

Resolved , That  the  Committee  on  Finance  and  Claims  inquire 
into  the  expediency  of  reporting  a bill  providing  for  the  payment 
of  a judgment  lately  obtained  by  J.  E.  Boyers,  against  the  Auditor 
of  West  Virginia. 

On  motion  of  Mr.  Chapline,  Senate  Bill  No.  8,  entitled  “ A Bill 
amending  section  94,  chapter  118,  of  the  acts  of  1863,  ” wTas  laid 
on  the  table. 

On  motion  of  Mr.  Burdett,  Senate  Bill  No.  9,  entitled  “ A Bill 
to  legalize  the  execution,  acknowledgment  and  recording  of  cer- 
tain deeds  in  Monroe  county,  ” was  laid  on  the  table. 

On  motion  of  Mr.  Maxwell,  House  Joint  Resolution  No.  6,  pro- 
viding for  restoring  the  statue  of  George  Washington  to  the  State 
of  Virginia,  was  taken  from  the  table. 

On  motion  of  Mr.  Burdett,  the  resolution  was  amended,  by 
inserting  after  the  word  “ agent,  ” the  words  “ without  expense  to 
this  State.  ” 

The  resolution,  as  amended,  was  then  adopted. 

A message  from  the  House  of  Delegates,  by  Mr.  Fleming, 
announced  that  that  body  was  ready  to  proceed  to  the  election  of  a 
Public  Printer,  that  being  the  joint  order  of  the  day,  and  that  the 
House  had  placed  in  nomination  for  that  position,  John  Frew. 

Mr.  Hawkins  nominated  Mr.  Frew,  and  there  being  no  other 
nominations,  Mr.  Hawkins  was  directed  to  inform  the  Blouse  of 
Delegates  that  the  Senate  was  also  ready  to  execute  said  order,  and 
had  made  no  further  nominations. 

The  Senate  then  proceeded  to  vote  for  Public  Printer,  viva  voce. 

The  names  of  the  members  were  called,  and  their  votes  recorded 
as  follows : 

For  John  Frew — Messrs.  Stevenson,  (President,)  Burley,  Bur- 
dett, Chapline,  Chambers,  Corley,  Dix,  Duval,  Ilaymond,  Hawkins, 
Hagar,  Kitchen,  Mahon,  Maxwell,  O’Brien,  Peck,  Price,  Slack  and 
Wright — 19. 


35 


Journal  of  the  Senate. 

The  President  appointed  Messrs.  Burdett  and  Corley  to  count 
the  joint  vote  of  the  two  branches,  with  the  Committee  of  the 
House. 

Mr.  Burdett,  from  said  Committee,  subsequently  reported  the 
following,  as  the  result  of  the  joint  vote  : 

That  sixty-six  votes  were  cast  in  the  two  branches,  and  that  John 
Frew  received  all  of  them. 

Mr.  Frew  was  then  declared  duly  elected  to  the  office  of  Public 
Printer,  according  to  law. 

Mr.  Chapline,  by  leave,  introduced  Senate  Bill  No.  12,  entitled 
“ A Bill  to  authorize  the  Judge  of  the  9th  Judicial  Circuit  of  West 
Virginia,  to  fill  official  vacancies  in  his  circuit,  ” which  was  read 
the  first  time,  and  referred  to  the  Committee  on  the  Judiciary. 

Mr.  Slack,  from  the  Committee  on  Privileges  and  Elections,  sub- 
mitted the  following  report,  which  was  adopted  : 

The  Committee  on  Privileges  and  Elections  beg  leave  to  report, 
in  the  contested  election  case  between  Messrs.  Downey  and  Chap- 
line,  that  the  said  Downey  withdraws  his  claim  to  the  seat  now 
occupied  by  Mr.  Chapline,  of  the  10th  Senatorial  District,  and  that 
Joseph  A.  Chapline  is  legally  entitled  to  the  seat  now  occupied  by 
him.  And  we  are  advised  by  said  Downey,  that  he  now  claims  a 
seat  in  this  body  on  other  grounds,  but  not  as  a contestant  of  the 
seat  of  said  Chapline. 

The  Senate  then  adjourned. 

/ 


WEDNESDAY,  January  24,  1866. 

The  Senate  met  at  10  o’clock,  A.  M.,  and  was  opened  with  prayer 
by  Bev.  Mr.  Hagar,  a member  of  the  Senate. 

The  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates,  1 
January  28,  1866.  j 

The  House  has  this  day  passed  the  following  Joint  Resolution,  in 
which  it  respectfully  asks  the  concurrence  of  the  Senate  : 

House  Joint  Resolution,  No.  7,  requesting  the  members  of  Con- 
gress from  this  State  to  secure  the  aid  of  the  United  States  in 
repairing  roads  and  bridges  injured  during  the  war. 

Whereas,  during  the  recent  rebellion,  our  State,  lying  on  the 
border,  has  been  peculiarly  exposed  to  the  raids  of  the  enemy  and 
the  ravages  and  desolations  resulting  from  the  oft  repeated  tread 
of  advancing  and  retreating  armies,  and 

Whereas,  during  this  painful  process,  our  citizens  have  endured 
sufferings  beyond  weight  or  measure,  in  the  loss  of  life  in  every 
form  at  the  hand  of  every  variety  of  enemy — in  captivity — in  exile 


36 


Journal  of  the  Senate. 

— in  perils  night  and  day , and  in  many  parts  of  our  State,  the 
general  disruption  of  all  organized  legal  and  social  order,  and  the 
embarrassment  of  even  the  ordinary  pursuits  indispensable  to  their 
comfort  and  existence.  In  this  broad  sweep  of  contending  armies 
and  foes  of  lesser  note,  many  of  their  churches  and  court  houses — 
not  to  mention  private  property — have  been  injured  or  destroyed  ; 
but  the  roads  and  bridges — the  most  important  of  which  were  in  part 
owned  by  the  State,  and  were  used  and  many  of  them  destroyed  by  the 
Union  armies — and  the  bridges  burnt  by  order  of  the  Union  com- 
manders as  means  of  safety,  leaving  our  principal  roads  impassible. 

Therefore , Resolved  by  the  Legislature  of  West  Virginia , That 
our  Senators  in  Congress  be  hereby  instructed  and  our  Representa- 
tives requested  to  respectfully,  yet  earnestly  present  our  grievances 
to  the  attention  of  Congress  and  to  adopt  such  measures  as  may 
best  secure  adequate  relief  in  the  premises,  and  that  the  Governor 
transmit  a copy  hereof  to  each  of  our  Senators  and  Representa- 
tives in  Congress. 

Wm.  P.  Hubbard, 

Cleric  House  of  Delegates. 

The  said  resolution  was  adopted. 

Mr.  Maxwell,  from  the  Committee  on  the-  Judiciary,  reported 
back  Senate  Bill  No.  3,  entitled  “ A Bill  amending  section  44,  of 
chapter  100,  of  the  acts  of  1863,  ” recommending  its  engrossment 
with  the  following  amendments  : 

1.  Insert  before  the  word  “ election,  ” in  the  8th  line,  the  word 
“ October.  ” 

2.  Insert  at  the  end  of  the  sentence,  in  the  10th  line,  the  words : 
But  if  the  regular  term  of  the  office  which  is  vacant  expires  on  the 
last  day  of  December,  or  on  the  third  day  of  March  next  following 
the  first  general  October  election  which  comes  off  after  the  vacancy 
exists,  then  the  appointment  shall  be  for  the  unexpired  term.  ” 

3.  Insert  at  the  end  of  the  sentence,  in  the  14th  line,  the  words  : 
“ when  a vacancy  in  any  of  the  offices  above  named  is  to  be  filled 
by  an  election  or  by  the  people,  the  Governor  shall  give  notice 
thereof  by  proclamation,  a reasonable  time  before  the  election  day.  ” 

All  of  said  amendments  were  adopted. 

Mr.  Maxwell  moved  to  amend  the  said  bill  by  striking  out  of  the 
13th  and  14th  lines  the  words  “ or  may  be  dispensed  with  if  he  so 
order,  ” which  was  agreed  to. 

The  bills  were  then  read  the  second  time,  and  ordered  to  be 
engrossed. 

On  motion  of  Mr.  Hagar, 

Resolved , That  the  Committee  on  Finance  and  Claims  inquire 
into  the  expediency  of  releasing  the  securities  of  Joseph  Lester, 
late  Sheriff  of  Wyoming  county,  from  all  judgments  and  liabilities 
that  the  State  of  Virginia  has  against  them,  as  said  securities,  from 
the  first  day  of  June,  1854,  until  the  formation  of  the  State  of 
West  Virginia,  and  report  by  bill  or  otherwise. 


37 


Journal  of  the  Senate. 

On  motion  of  Mr.  Slack, 

Resolved , That  the  Committee  . on  Internal  Improvements  and 
Navigation,  be  requested  to  inquire  into  the  management  of  the 
Baltimore  and  Ohio  Railroad  Company,  and  of  the  North  Western 
Virginia  Railroad  Company,  respecting  the  charges  made  upon  said 
roads  for  freight  and  passengers  ; whether  the  same  are  uniform, 
and  in  accordance  with  law  ; and  such  other  matters  connected 
with  the  affairs  of  said  Companies,  as  may  be  of  public  interest, 
and  report  the  result  of  their  investigations  to  the  Senate. 

On  motion  of  Mr.  Chapline, 

Resolved,  That  the  Committee  on  the  Judiciary  be  and  are  here- 
by requested  to  inquire  into  the  expediency  of  adding  the  sum  of 
four  hundred  dollars,  per  annum,  to  the  salary  of  the  Reporter  for 
the  Supreme  Court  of  Appeals. 

The  Senate  then  adjourned. 


THURSDAY,  January  25,  1866. 

The  Senate  met  at  the  usual  hour,  and  was  opened  with  prayer 
by  Rev.  Mr.  Dix,  member  of  the  Senate. 

The  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates,  ] 
January  24,  1866.  J 

The  House  has  this  day  adopted  the  Senate  amendment  to  House 
Joint  Resolution  No.  6,  “ Providing  for  restoring  the  statue  of 
George  Washington  to  the  State  of  Virginia,  ” and  has  passed  the 
following  joint  resolution,  in  which  it  respectfully  asks  the  concur- 
rence of  the  Senate : 

House  Joint  Resolution  No.  8,  ordering  the  printing  of  the  doc- 
uments accompanying  the  Governor’s  message  : 

Resolved  by  the  Legislature  of  West  Virginia, 

1.  That  of  the  documents  accompanying  the  Governor’s  message 
there  be  printed  for  the  use  of  the  Legislature  the  number  of 


copies  hereinafter  mentioned,  namely  : , 

Report  of  the  Auditor, 2000 

Report  of  the  Treasurer, 2000 

Report  of  the  Adjutant-General, 1000 

Report  of  the  Quartermaster-General, 1000 

Report  of  the  Board  of  Claims, 300 

Report  of  the  Superintendent  of  Schools, 3000 

Report  of  the  Commissioner  of  Immigration, 2000 

Report  of  the  Superintendent  of  the  Hospital  for  the  Insane, __3000 

Report  of  the  Commissioner  of  the  Gettysburg  Cemetery, 2000 

Letter  of  the  President  of  the  James  River  and  Kanawha  Com- 
pany,  ’ 300 

Letter  of  the  President  of  the  Virginia  Central  Railroad, 300 


38 


Journal  of  the  Senate. 

2.  That  the  copies  of  the  Adjutant-General's  Report  of  this  year 
and  the  unbound  copies  remaining  on  hand  of  his  last  year’s  report 
be  half-bound,  to  be  distributed,  one  copy  to  each  member  and  officer 
of  the  Legislature  and  the  remainder  as  may  be  hereafter  provided. 

3.  That  of  the  documents  above  named  except  the  Adjutant- 
General’s  report,  there  be  bound  in  like  manner,  together  with  the 
Governor’s  message,  300  copies,  to  be  distributed,  one  copy  to  each 
member  and  officer  of  the  Legislature,  and  the  remainder  as  the 
Governor  may  direct. 

Wm.  P.  Hubbard, 
Cleric  House  oj  Delegates. 

On  motion  of  Mr.  Burdett,  said  resolution  No.  8,  was  laid  on  the 
table. 

Mr.  Mahon,  doorkeeper  elect  and  Mr.  Moore,  assistant  clerk, 
were  qualified. 

Mr.  Dix,  from  the  Committee  on  Education,  reported  Senate  Bill 
No.  13,  entitled  “ A Bill  for  the  relief  of  James  A.  Ewing,  ” which 
was  read  the  first  time. 

Mr.  Maxwell  presented  the  petition  of  William  E.  Lyon,  of  Har- 
rison county,  praying  the  Legislature  to  grant  him  leave  to  rebuild 
a certain  dam  across  Ten-mile  creek  in  said  county,  which  was 
referred  to  the  Committee  on  Internal  Improvements  and  Naviga- 
tion. 

Mr.  Dix  presented  the  petition  of  Benj.  F.  Ruffner,  praying  to 
be  relieved  from  what  he  regards  as  an  unjust  assessment  of  1152 
acres  of  land,  in  Putnam  county,  which  was  referred  to  the  Com- 
mittee on  Finance  and  Claims. 

Mr.  Chapline,  by  leave,  introduced  Senate  Bill  No.  14,  entitled 
“ A Bill  to  provide  for  the  recovery  of  specific  personal  property,  ” 
which  was  read  the  first  time  and  referred  to  the  Committee  on 
the  Judiciary. 

Mr.  Slack,  by  leave,  introduced  Senate  Bill  No.  15,  entitled  “ A 
Bill  to  incorporate  the  Wayne  county  Coal  and  Iron  Railway  Com- 
pany, ” which  was  read  the  first  time,  and  referred  to  the  Commit- 
tee on  Internal  Improvements  and  Navigation. 

Mr.  Burley,  by  leave,  introduced  Senate  Bill  No.  16,  entitled 
“ A Bill  to  incorporate  the  Marshall  Institute  and  Library  Associ- 
ation of  Moundsville,  ” which  was  read  the  first  time  ancj  referred 
to  the  Committee  on  Education. 

On  motion  of  Mr.  O’Brien, 

Resolved , That  the  Committee  on  Internal  Improvements  and 
Nayigation  take  into  consideration  the  expediency  of  appropriating 
two  thousand  dollars  for  the  completion  of  the  Middlefork  and 
Philippi  Turnpike  road,  and  finishing  a bridge  across  the  Middle- 
fork  River,  which  is  in  a state  of  decay  ; and  if  said  Committee 
hink  it  inexpedient  to  finish  said  road — Resolved , That  they  take 


Journal  of  the  Senate.  39 

into  consideration  the  expediency  of  appropriating  five  hundred 
dollars  to  complete  said  bridge,  and  report  by  bill  or  otherwise. 

On  motion  of  Mr.  Haymond, 

Resolved , That  the  Committee  on  Townships,  &c.,  be  requested 
to  inquire  into  the  expediency  of  enacting  a lav/  imposing  a fine 
of  fifty  dollars,  recoverable  before  a Justice  or  School  Commission- 
ers, who  shall  permit  school  houses,  which  have  been,  or  may 
hereafter  be  built  at  public  expense,  to  be  used  for  any  other  than 
school  purposes. 

On  motion  of  Mr.-  Corley, 

Resolved,  That  the  Committee  on  Internal  Improvements  and 
Navigation  inquire  into  the  expediency  of  appropriating  $2,000  to 
repair  the  wire  suspension  bridge  across  Elk  River  at  Braxton 
Court  House,  on  the  Weston  and  Gauley  Bridge  Turnpike  Boad, 
and  report  by  bill  or  otherwise. 

Senate  Bill  No.  3,  entitled  “ A Bill  amending  section  44,  of  chap- 
ter 100  of  the  acts  of  1863,  ” was  read  the  third  time,  and  passed 
with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Cham- 
bers, Corley,  Dix,  Duval,  Haymond,  Hawkins,  Hagar,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Price,  Slack  and  Wright — 17. 

Nays — None. 

The  Senate  then  adjourned. 


FBIDAY,  January  26,  1866. 

The  Senate  met  at  10  o’clock,  A.  M.,  and  after  prayer  by  Rev. 
John  Moffat,  the  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates r 

Clerk’s  Office,  House  of  Delegates,  \ 
'Wheeling,  January  25,  1866.  j 

The  House  has  this  day  passed  and  asks  the  concurrence  of  the 
Senate,  in 

House  Bill  No.  3,  “ A Bill  legalizing  the  payment  of  money  by 
Superintendents  of  Schools  to  Treasurers  of  counties  for  the  use  of 
free  schools.  ” 

House  Bill  No.  4,  “ A Bill  amending  and  re-enacting  section  15 
of  chapter  120  of  the  acts  of  1863.  ” 

House  Bill  No.  6,  “A  Bill  to  extend  the  time  allowed  the  civil 
officers  of  the  counties  of  Pendleton,  Hardy  and  McDowell,  in 
which  to  qualify  and  give  bond. 

House  Bill  No.  11,  “ A Bill  extending  the  charter  of  the  White 
Sulphur  and  Sweet  Springs  Turnpike  road,  ” and  the  following 
joint  resolution  : 

House  Joint  Resolution  No.  9,  fixing  a day  for  the  selection  of  the 
permanent  Capitol  of  the  State  : 


40 


Journal  of  the  Senate. 

Resolved  by  the  Legislature  of  West  Virginia , That  the  two 
Houses  will,  on  Tuesday,  the  6th  day  of  February  next,  proceed  to 
determine  by  election,  the  location  of  the  permanent  Capitol  of 
the  State. 

The  House  has  also  passed  Senate  Bill  No,  6,  “ A Bill  to  amend 
and  re-enact  sections  3d  and  4th  of  chapter  102  of  the  Code  of 
Virginia,  second  edition.  ” 

Wm.  P.  Hubbard, 
Cleric  House  of  Delegates. 

Said  House  Bills  were  each  read  the  first  time,  and  No.  3 referred 
to  the  Committee  on  Education,  No.  4 and  No.  11  to  the  Committee 
on  Internal  Improvements  and  Navigation,  and  No.  6 to  the 
Committee  on  the  Judiciary. 

On  motion  of  Mr.  Peck, 

Resolved , That  the  Committee  on  the  Judiciary  be  instructed  to 
inquire  into  the  necessity  of  amending  the  act  defining  the  duties 
and  powers  of  Justices  in  relation  to  criminal  matters. 

On  motion  of  Mr.  Mahon, 

Resolved , That  the  Committee  on  Internal  Improvements  and 
Navigation  be  requested  to  inquire  into  the  expediency  of  pro- 
viding for  an  appropriation  of  five  thousand  dollars,  for  re-building 
the  bridge  over  Big  Sandy  creek,  on  the  Charleston,  Ripley  and 
Ravenswood  Turnpike  in  Jackson  county. 

On  motion  of  Mr.  Chapline, 

Resolved , That  the  Committee  on  Finance  and  Claims  be  and 
are  hereby  requested  to  inquire  into  the  expediency  of  allowing 
the  Auditor  the  sum  of  six  hundred  dollars  for  the  purpose  of  pay- 
ing house  rent. 

On  motion  of  Mr.  Chapline, 

Resolved,  That  the  Committee  on  the  Judiciary  be  and  are  here- 
by instructed  to  inquire  into  the  expediency  of  holding  the  terms 
of  the  McDowell  Courts  in  Mercer  county,  and  report  by  bill  or 
otherwise. 

On  motion  of  Mr.  Kitchen, 

Resolved,  That  the  usual  mileage  due  to  members  of  the  Legisla- 
ture, be  allowed  to  0.  D.  Downey,  late  contestant  for  a seat  in  the 
Senate. 

Mr.  Slack,  from  the  Committee  on  Privileges  and  Elections,  sub- 
mitted a report  in  relation  to  the  claims  of  0.  D.  Downey,  who  seeks 
a seat  in  the  Senate  for  the  10th  district,  under  the  13th  section 
of  the  4th  article  of  the  constitution,  to  the  effect  that  Berke- 
ley and  Jefferson  counties  were  properly  attached  to  the  10th 
Senatorial  district  under  the  16th  section  of  the  4-th  article,  but  that 
Berkeley  and  Jefferson  might,  by  law,  be  constituted  the  l’lth  dis- 
trict, until  the  next  census,  when  all  the  districts  may  be  re-arranged. 

The  report  was  adopted. 


41 


Journal  of  the  Senate. 

Mr.  Maxwell,  from  tlie  Committee  on  the  Judiciary,  reported 
back  Senate  Bill  No.  10,  entitled  “ A Bill  securing  liens  to  mechan- 
ics, laborers  and  others,  ” recommending  its  passage,  with  numerous 
verbal  amendments,  which  was  adopted. 

On  motion  of  Mr.  Haymond,  the  bill  was  further  amended  by 
striking  out  of  the  4th line  of  the  2d  section  the  word  “things,’ 
and  inserting  in  lieu  thereof,  the  word  “ materials,  ” and  by  making 
the  same  amendment  wherever  else  the  word  “things”  occurs  in 
the  same  sense,  in  the  bill. 

On  motion  of  Mr.  Peck,  the  bill  was  laid  on  the  table. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims,  report- 
ed that  the  Committee  had  acted  upon  the  question  of  the  re-assess- 
ment of  the  lands  in  this  State,  and  that  a bill  would  be  reported 
in  the  House  of  Delegates  upon  that  subject. 

Mr.  Burdett  also  reported  back  the  papers  relating  to  the  claim 
of  Edward  D.  Wright,  for  beef  furnished  the  9th  Regiment  of  Vir- 
ginia Infantry  in  1861,  recommending  that  leave  be  granted  to 
withdraw  them  for  the  purpose  of  having  them  referred  to  the 
Board  of  Claims,  v/hich  was  agreed  to. 

Mr.  Burdett,  from  the  same  Committee,  reported  that  it  is  inex- 
pedient to  appropriate  money  for  the  payment  of  a judgment  late- 
ly obtained  by  J.  Edgar  Boyers  against  the  Auditor. 

And  the  question  being  upon  the  adoption  of  this  report, 

Mr.  Burdett  demanded  the  yeas  and  nays,  and  the  demand  being 
sustained,  the  vote  was  recorded  as  follows  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Chapline,  Cham- 
bers, Corley,  Hawkins,  Hagar,  Kitchen,  Maxwell,  O’Brien,  Price 
and  Wright — 12. 

Nays — Messrs.  Burley,  Dix,  Duval,  Haymond,  Mahon,  Peck  and 
Slack— 7. 

On  motion  of  Mr.  Burdett,  House  Joint  Resolution  No.  9,  “ Fix- 
ing a day  for  the  selection  of  a permanent  Capitol  of  the  State,  ” 
communicated  from  the  House  this  morning,  was  laid  on  the  table. 

On  motion  of  Mr.  Peck,  Flouse  Joint  Resolution  No.  8,  “ Relating 
to  printing  the  documents  accompanying  the  Gfovernor's  message,  ” 
was  taken  from  the  table  and  adopted. 

On  motion  of  Mr.  Peck,  Senate  Bill  No.  9,  entitled  “ A Bill  to 
legalize  the  execution,  acknowledgment  and  recording  of  certain 
deeds  in  Monroe  county,  ” was  taken  up,  and  referred  to  the  Com- 
mittee on  the  Judiciary. 

Senate  Bill  No.  18,  entitled  “ A Bill  for  the  relief  of  James  A. 
Ewing,  ” was  amended  by  striking  out  of  the  second  line  the  word 
“ required,  ” and  inserting  in  lieu  thereof,  the  word  “ authorized.  ” 

6 


42  Journal  of  the  Senate . 

The  bill  was  then  read  the  second  time,  and  ordered  to  be 
engrossed. 

The  Senate  then  adjourned. 


SATURDAY,  January  27,  1866. 

The  Senate  met  at  10  o’clock,  A.  M.,  and  after  prayer  by  Rev. 
John  Moffat,  the  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates: 

Clerk's  Office,  House  of  Delegates,  \ 
Wheeling , January  26,  1866.  j 

The  House  has  this  day  passed  and  respectfully  asks  the  concur- 
rence of  the  Senate  in 

House  Bill  No.  13,  “ A Bill  relating  to  suits  brought  against 
Supervisors  and  Inspectors  of  Elections  and  providing  for  the  pay- 
ment of  their  costs  in  defraying  the  same.  ” 

House  Bill  No.  14,  “A  Bill  amending  section  1 of  chapter  113 
of  the  acts  of  1863.  ” 

House  Bill  No.  16,  “ A Bill  to  authorize  the  City  of  Wheeling  to 
collect  license  from  Insurance  Companies,  ” and 

House  Bill  No.  17,  “A  Bill  in  relation  to  the  county  seat  of 
McDowell  county.  ” 

Wm.  P.  Hubbard, 

Cleric  House  of  Delegates. 

Said  bills  were  read  the  first  time,  and  No.  13  and  14  were 
referred  to  the  Committee  on  the  Judiciary  ; No.  16  to  the  Com- 
mittee on  Finance  and  Claims  ; and  No.  17  to  the  Committee  on 
Townships,  &c. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims,  report- 
ed that  it  is  inexpedient  to  provide  for  the  re-assessment  of  the 
lands  of  Benj.  F.  Ruffner,  in  Putnam  county;  and  the  report  was 
adopted. 

Mr.  Dix,  from  the  Committee  on  Education,  reported  back  Plouse 
Bill  No.  3,  entitled  “ A Bill  legalizing  the  payment  of  money  by 
Superintendents  of  schools  to  Treasurers  of  counties  for  the  use  of 
free  schools,  ” recommending  its  passage. 

The  bill  was  read  the  second  time,  and  ordered  to  its  third  read- 
ing. 

Senate  Bill  No.  13,  entitled  “A  Bill  for  the  relief  of  James  A. 
Ewing,  ” was  read  the  third  time,  and  passed  with  its  title : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Chapline, 
Chambers,  Corley,  Dix,  Duval,  Haymond,  Hawkins,  Hagar,  Mahon, 
Maxwell,  O’Brien,  Peck  Price,  Slack  and  Wright — 18. 

Nays — None. 


43 


Journal  of  the  Senate. 

Mr.  Peck  presented  the  petition  of  Joseph  Seybold,  Sheriff  of 
Ohio  county,  in  relation  to  the  manner  of  paying  certain  taxes, 
which  was  referred  to  the  Committee  on  Finance  and  Claims. 

Mr.  Chapline,  by  leave,  introduced  Senate  Bill  No.  17,  entitled 
“ A Bill  to  admit  testimony  of  interested  parties  in  civil  actions,” 
and  Senate  Bill  No.  18,  entitled  “ A Bill  to  amend  an  act  exempt- 
ing certain  property  from  execution  or  other  process,*”  which  were 
read  the  first  time,  and  referred  to  the  Committee  on  the  Judiciary. 

On  motion  of  Mr.  Burdett,  • 

Resolved,  That  the  Committee  on  Finance  and  Claims  be  instruct- 
ed to  inquire  into  the  expediency  of  increasing  the  fees  of  jailors. 

On  motion  of  Mr.  Burley, 

Resolved , That  the  Board  of  Public  Works  be  requested  to  inform 
the  Senate  if  any  Turnpike  road  or  bridge  in  which  the  State  holds 
any  stock  has  been  transferred  to  any  of  the  counties  of  this  State 
under_the  provisions  of  an  act  passed  Dec.  4th,  1863,  granting  the 
right  of  transferring  such  roads  and  bridges  to  the  Board  of  Public 
Works,  and  to  name  the  roads  and  bridges  so  transferred,  and  the 
name  of  the  county  transferred  to,  and  if  any  application  has  been 
made  by  the  Supervisor  of  any  of  the  counties  to  have  any  road  or 
bridge  transferred  to  their  county. 

The  Senate  adjourned. 


MONDAY,  January  29,  1866. 

The  Senate  met  at  the  usual  hour,  and  was  opened  with  prayer  by 
Rev.  John  Moffat. 

The  journal  of  Saturday  last  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates.  \ 
January  27,  1866.  J 

The  House  has  this  day  passed  and  respectfully  asks  the  concur- 
rence of  the  Senate  in 

House  Bill  No.  7,  “ A Bill  to  authorize  the  release  of  mortgages, 
deeds,  of  trust  and  other  recorded  liens,  ” and 

House  Joint  Resolution  No.  11,  providing  medals  of  honor  for 
West  Virginia  soldiers: 

Resolved , by  the  Legislature  of  West  Virginia , That  the  Governor 
procure  or  cause  to  be  procured  suitable  medals  as  tokens  of  respect 
to  the  officers  and  soldiers  of  West  Virginia,  who  have  served 
during  the  rebellion  in  the  service  of  the  United  States,  containing 
the  name  of  the  recipient,  with  his  regiment,  battalion  or  battery, 
surrounded  by  a wreath  ; upon  the  reverse  side  some  appropriate 
design  and  inscription.  The  medal  to  be  suspended  by  a piece  of 


44 


Journal  of  the  Senate. 

tri-colored  silk  ribbon,  its  artistic  features  to  be  equal  to  the 
Crimean  medal  and  its  cost  not  to  exceed  one  dollar. 

The  medals  and  inscriptions  to  be  of  four  kinds. 

1.  For  the  officers  and  soldiers  of  the  volunteer  army  who  have 
been  or  may  be  honorably  discharged  from  the  service. 

2.  For  the  officers  and  soldiers  who  have  been  killed  in  battle. 

3.  For  the  officers  and  soldiers  who  have  died  from  wounds  receiv- 
ed in  battle. 

4.  For  the  officers  and  soldiers  who  have  died  from  diseases 
contracted  in  the  service. 

The  medals  for  the  officers  and  soldiers  who  have  been  killed  in 
battle  or  who  have  died  of  wounds  or  disease  in  the  service,  to  be 
delivered  to  the  families  of  said  officers  and  soldiers. 

Wm.  P.  Hubbard, 
Cleric.  House  of  Delegates . 

The  said  bill  was  read  the  first  time  and  referred  to  the  Commit- 
tee on  the  Judiciary;  and  said  resolution  was  referred  to  the 
Committee  on  Military  Affairs. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
back  House  Bill  No.  6,  entitled  “ A Bill  to  extend  the  time  allowed 
the  civil  officers  of  the  counties  of  Pendleton,  Hardy  and  McDow- 
ell, in  which  to  qualify  and  give  bond,  ” and  House  Bill  No.  14, 
entitled  “A  Bill  amending  section  1 of  chapter  113  of  the  acts  of 
1863,  ” with  a recommendation  that  they  pass  ; and  the  first  was 
read  the  second  time  and  ordered  to  its  third  reading,  and  the 
second  was're-committed. 

Mr.  Maxwell,  from  the  same  Committee,  reported  back  Senate 
Bill  No.  7,  entitled  “ A Bill  to  authorize  the  sale  of  a lot  in  or  near 
the  town  of  Martinsburg,  ” recommending  its  passage  with  an 
amendment  striking  out  the  last  sentence  of  the  bill,  and  inserting 
in  lieu  thereof  the  words  : “ The  net  proceeds  of  such  sale  shall  be 
paid  to  the  board  of  education  of  the  township  of  Martinsburg  for 
the  benefit  of  free  schools  in  said  township.  ” 

The  anjepdment  was  adopted,  the  bill  read  the  second  time,  and 
ordered  to*be  engrossed. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims,  to 
which  was  referred  the  resolution  proposing  to  exempt  soldiers 
from  the  payment  of  taxes  levied  for  the  years  1861-2-3-4,  reported 
that  it  is  inexpedient  to  legislate  upon  that  subject,  which  was 
agreed  to. 

Mr.  Burley,  from  the  Committee  on  Internal  Improvements  and 
Navigation,  reported  Senate  Bill  No.  19,  entitled  “ A Bill  for  the 
relief  of  William  E.  Lyon,”  which  was  read  the  first  time. 

Mr.  Wright,  by  leave,  introduced  Senate  Bill  No.  20,  entitled 
“A  Bill  to  amend  the  charter  of  the  West  Virginia  Central  Rail- 


45 


Journal  of  the  Senate. 

way  Company,  ” and  Senate  Bill  No.  21,  entitled  “A  Bill  to  incor- 
porate the  town  of  Ceredo,  in  Wayne  county,  ” which  were  read 
the  first  time,  and  the  first  referred  to  the  Committee  on  Internal 
Improvements  and  Navigation  and  the  second  to  the  Committee  on 
Townships,  &c. 

House  Bill  No.  3,  entitled  “ A Bill  legalizing  the  payment  of 
money  by  Superintendents  of  schools  to  Treasurers  of  counties  for 
the  use  of  free  schools,  ” was  read  the  third  time,  and  passed  with 
its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Chapline,  Cham- 
bers, Corley,  Dix,  Haymond,  Hawkins,  Hagar,  Kitchen,  Mahon, 
Maxwell,  O’Brien,  Price,  Slack  and  Wright — 16. 

Nays — None. 

Mr.  Burdett  presented  the  petition  of  citizens  of  Taylor  county 
praying  for  an  appropriation  to  aid  in  building  a bridge  over  Three- 
fork  at  Grafton,  which  was  accompanied  by  a subscription  of  $476,00 
on  the  part  of  the  citizens.  The  petition  and  papers  were  referred 
to  the  Committee  on  Internal  Improvements  and  Navigation. 

On  motion  of  Mr.  Chapline, 

Resolved , That  the  Committee  on  Counties,  Townships  and 
Municipal  Corporations,  be  requested  to  inquire  into  the  expediency 
of  reporting  a bill  permanently  locating  the  county  seat  of  Jeffer- 
son county,  at  Shepherdstown  in  said  county,  thereby  complying 
with  the  wishes  of  every  loyal  voter  in  the  county. 

On  motion  of  Mr.  Hagar, 

Resolved , That  the  Committee  on  Finance  and  Claims  inquire  into 
the  expediency  of  releasing  the  counties  of  Cabell,  Wayne,  Boone, 
Logan,  Wyoming,  Mercer  and  McDowell,  from  the  back  tax  for  the 
years  1861-2-3  and-4  ; and  report  by  bill  or  otherwise. 

On  motion  of  Mr.  Hagar, 

Resolved , That  the  Committee  on  Privileges  and  Elections  inquire 
into  the  expediency  of  imposing  a fine  of  not  less  than  $50  nor 
more  than  $100  upon  all  Supervisors  and  Inspectors  of  Elections 
who  shall  hold  any  election  without  first  taking  the  oath  of  office, 
as  required  by  law  ; and  any  election'  held  by  such  Supervisors  and 
Inspectors  shall  be  null  and  void ; and  report  by  bill  or  otherwise. 

On  motion  of  Mr.  Burdett, 

Resolved , That  the  Committee  on  the  Judiciary  be  instructed  to 
inquire  into  the  expediency  of  so  amending  the  law  that  no  lien 
or  judgment,  or  any  other  claim  shall  deprive  the  widow  or  heirs 
of  the  deceased  party,  of  the  benefits  of  any  insurance  policy. 

On  motion  of  Mr.  Burley, 

Resolved.  That  the  Committee  on  the  Judiciary  be  requested  to 
report  such  bill  or  bills  as  it  may  think  necessary,  in  regard  to 
abolishing  the  office  of  County  Treasurer  ; and  to  provide  that  the 
Sheriff  perform  the  duties  of  said  office  ; and  to  so  amend  the 


46 


Journal  of  the  Senate. 

exemption  law  as  to  except  tax-payers  from  said  exemption  for  the 
payment  of  all  taxes,  and  to  authorize  Supervisors  to  appoint  Sur- 
veyors of  Roads  in  cases  when  the  people  fail  to  elect,  or  from  any 
other  cause  a vacancy  may  occur,  and  to  provide  for  the  payment 
of  the  Suryeyors  out  of  the  road  tax. 

Messrs.  Chapline  and  Kitchen  were  granted  leave  of  absence. 

Mr.  Burley  moved  that  House  Joint  Resolution  Ho.  9,  “ Fixing  a 
day  for  the  selection  of  a permanent  Capitol  of  the  State,  ” be 
taken  up,  which  was  agreed  to. 

Mr.  Burdett  moved  that  the  consideration  of  the  said  resolution 
be  indefinitely  postponed;  and  the  question  being  put,  was  decided 
in  the  affirmative. 

The  Senate  adjourned. 


TUESDAY,  January  30,  1866. 

The  Senate  met  at  the  usual  hour,  and  after  prayer  by  Rev. 
Alex.  Martin,  the  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates  : 

Clerk’s  Office,  House  of  Delegates,  1 
January  29,  1866.  j 

The  House  has  this  day  passed  and  asks  the  concurrence  of  the 
Senate,  in 

House  Bill  Ho.  15,  “ A Bill  to  provide  for  the  sale  of  real  estate 
returned  delinquent  for  the  non-payment  of  taxes.  ” 

House  Bill  Ho.  18,  “ A Bill  to  amend  and  re-enact  the  first  sec- 
tion of  an  act  entitled  ‘ An  act  providing  for  issuing  grants  for  land 
in  certain  cases,  ’ passed  December  9,  1863.  ” 

House  Bill  Ho.  20,  “ A Bill  to  protect  State  and  local  bounties 
provided  for  volunteers  in  the  service  of  the  United  States  against 
attachment  and  levy  for  debt.  ” 

House  Bill  Ho.  21,  “ A Bill  to  amend  and  re-enact  section  16, 
chapter  184,  Code  of  Virginia,  second  edition.  ” 

House  Bill  Ho.  22,  “A  Bill  to  amend  and  re-enact  section  36, 
chapter  176,  Code  of  Virginia,  second  edition.  ” 

House  Bill  Ho.  23,  “ A Bill  to  amend  and  re-enact  section  64  of 
chapter  100  of  the  acts  of  1863.  ” 

House  Bill  Ho.  25,  “ A Bill  amending  the  charter  of  Triadelphia 
in  the  county  of  Ohio.  ” 

House  Bill  Ho.  27,  “ A Bill  to  amend  the  charter  of  the  town  of 
Clarksburg.  ” 

House  Bill  Ho.  31,  “ A Bill  to  amend  an  act  entitled  ‘ An  act 
creating  a board  for  the  examination  of  certain  military  claims,  ’ 
passed  Eebruary  25,  1863,  ” and 


Journal  of  the  Senate . 47 

House  Joint  Resolution  No.  12,  providing  guards  for  State 
convicts  in  the  jail  of  Ohio  county: 

Resolved , by  the  Legislature  of  West  Virginia , That  the  Gover- 
nor, whenever  in  his  opinion  it  is  necessary  for  the  safe  keeping  of 
the  convicts  confined  in  the  jail  of  Ohio  county,  is  authorized  to 
employ  an  efficient  guard  for  the  said  jail  at  a sum  not  exceeding 
two  dollars  per  day,  in  addition  to  the  guards  now  authorized  to  be 
employed  by  law,  to  guard  the  said  jail  in  the  daytime. 

The  House  has  also  passed  Senate  Bill  No.  3,  “ A Bill  amending 
section  44  of  chapter  100  of  the  acts  of  1863.  ” 

Wm.  P.  Hubbard, 

Cleric  House  of  Delegates. 

Said  bills  were  read  the  first  time,  and  Nos.  18,  21,  22  and  23 
were  referred  to  the  Committee  on  the  Judiciary  ; Nos.  15  and  20 
to  the  Committee  on  Finance  and  Claims;  Nos.  25  and  27  to  the 
Committee  on  Townships,  &c  ; and  No.  31  to  the  Committee  on 
Military  Affairs;  and  said  resolution  was  concurred  in. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
back  House  Bill  No.  7,  entitled  “ A Bill  to  authorize  the  release  of 
mortgages,  deeds  of  trust,  and  other  recorded  liens,  ” recommend- 
ing its  passage. 

Mr.  Haymond  moved  to  amend  the  said  bill  by  striking  out  of 
the  2d  line  of  the  2d  section,  and  wherever  else  they  occur  in  the 
bill,  the  words  “ satisfaction  piece,  ” and  inserting  in  lieu  thereof, 
the  word  “ release , ” out  of  the  1st  line  of  the  6th  section,  the 
words  “ satisfaction  pieces,  ” and  inserting  the  word  “ releases  ; ” 
and  out  of  the  8th  section,  (engrossed  bill,)  where  it  twice  occurs, 
the  word  “satisfaction,”  and  inserting  “release.” 

These  amendments  were  all  adopted. 

On  motion  of  Mr.  Burley,  the  words  “ personal  representative  or 
guardian,  ” were  inserted  after  the  word  “ lienor  ” in  the  1st  line 
of  the  5th  section. 

On  motion  of  Mr.  Haymond,  the  words  “by  him  ” were  stricken 
out  of  the  2d  line  of  the  5th  section.  - 

The  bill  was  then  read  the  second  time,  and  ordered  to  its  third 
reading. 

Mr.  Burdett,  fjrom  the  Committee  on  Finance  and  Claims,  report- 
ed back  House  Bill  No.  16,  entitled  “ A Bill  to  authorize  the  City 
of  Wheeling  to  levy  and  collect  license  from  Insurance  Companies,  ” 
recommending  its  passage. 

But  on  motion  of  Mr.  Peck  the  bill  was  laid  on  the  table. 

Mr.  Price,  from  the  Committee  on  Townships,  &c.,  reported  Sen- 
ate Bill  No.  22,  entitled  “ A Bill  to  protect  public  school  houses,  ’’ 
which  was  read  the  first  time. 


48 


Journal  of  the  Senate. 

Mr.  Price,  from  the  same  Committee,  reported  back  House  Bill 
No.  17,  entitled  “ A Bill  in  relation  to  the  county  seat  of  McDow- 
ell county,  ” recommending  that  it  do  not  pass. 

And  the  question  being  upon  ordering  the  bill  to  its  second  read- 
ing, it  was  decided  in  the  negative. 

Mr.  Peck  presented  the  remonstrance  of  citizens  of  Triadelphia 
against  the  amendment  of  the  charter  of  said  town,  which  was 
referred  with  the  bill  upon  that  subject. 

Mr.  Burdett  presented  the  petition  of  Edward  J.  Colrider,  of 
Upshur  county,  praying  relief  from  certain  fines  imposed  against 
him  for  violation  of  the  revenue  laws,  which  was  referred  to  the 
Committee  on  Finance  and  Claims. 

Mr.  Duval  presented  the  petition  of  the  Overseers  of  the  Poor  of 
Brooke  county,  praying  that  they  be  authorized  to  correct  their 
report  for  the  year  ending  March  31,  1864,  which  was  referred  to 
the  Committee  on  Humane  and  Criminal  Institutions. 

Mr.  Duval,  by  leave,  introduced  Senate  Bill  No.  23,  entitled  “ A 
Bill  concerning  Brooke  Academy,  ” which  was  read  the  first  time> 
and  referred  to  the  Committee  on  Education. 

Mr.  Slack,  by  leave,  introduced  Senate  Bill  No.  24,  entitled  “ A 
Bill  to  incorporate  the  Elk  Eiver  Navigation  Company,  ” which 
was  read  the  first  time,  and  referred  to  the  Committee  on  Internal 
Improvements  and  Navigation. 

Mr.  Peck,  by  leave,  introduced  Senate  Bill  No.  25,  entitled  “ A 
Bill  allowing  appeals  from  the  Board  of  Supervisors  in  certain 
cases,  ” which  was  read  the  first  time,  and  referred  to  the  Commit- 
tee on  the  Judiciary. 

Senate  Bill  No.  7,  entitled  “ A Bill  to  authorize  the  sale  of  a lot 
in  or  near  the  town  of  Martinsburg,  ” was  read  the  third  time,  and 
passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Cham- 
bers, Corley,  Dix,  Duval,  Haymond,  Hawkins,  Hagar,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

House  Bill  No.  6,  entitled  “A  Bill  to  extend  the  time  allowed 
the  civil  officers  of  the  counties  of  Pendleton,  Hardy  and  McDow- 
ell, in  which  to  qualify  and  give  bond,  ” was  read  the  third  time, 
and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Cham- 
bers, Corley,  Dix,  Duval,  Haymond,  Hawkins,  Hagar,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 16. 

Nays — None. 

The  Senate  then  adjourned. 


49 


Journal  of  the  Senate. 

WEDNESDAY,  January  31,  1866. 

The  Senate  met  at  the  usual  hour,  and  after  prayer  by  Rev. 
Alex.  Martin,  the  journal  of  yesterday  was  read  and  approved. 

A communication  was  received  from  the  Board  of  Public  Works 
in  response  to  a resolution  adopted  by  the  Senate  asking  for  infor- 
mation in  regard  to  the  transfer  of  Turnpike  roads  in  which  the 
State  owns  stock,  to  counties,  which  was  read  and  referred  to  the 
Committee  on  Internal  Improvements  and  Navigation. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates,  1 
Wheeling , January  30,  1866  J 

The  House  has  this  day  passed  and  respectfully  asks  the  concur- 
rence of  the  Senate  in 

House  Bill  No.  28,  “ A Bill  establishing  the  county  of  Mineral 
out  of  a part  of  the  county  of  Hampshire.  ” 

Wm.  P.  Hubbard, 

Cleric  House  oj  Delegates. 

Said  bill  was  read  the  first  time,  and  referred  to  the  Committee 
on  Townships,  &c. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
back  the  following  bills,  recommending  that  the  one  first  named  do 
not  pass,  and  that  the  other  two  do  pass  : 

House  Bill  No.  14,  entitled  “A  Bill  amending  section  1 of  chapter 
113,  of  the  acts  of  1863 ; ” 

House  Bill  No.  21,  entitled  “ A Bill  to  amend  and  re-enact 
section  16  of  chapter  184  Code  of  Virginia,  second  edition  ; ” and 

House  Bill  No.  23,  entitled  “A  Bill  to  amend  and  reenact 
section  64  of  chapter  100  of  the  acts  of  1863.  ” 

The  Senate  refused  to  read  the  first  named  bill  the  second  time, 
and  the  other  two  were  read  the  second  time,  and  ordered  to  their 
third  reading. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims,  to 
which  was  referred  a resolution  looking  to  the  relief  of  Joseph 
Lester,  late  Sheriff  of  Wyoming  county,  reported  that  the  House 
had  introduced  a bill  in  that  regard. 

Mr.  Duval,  from  the  Committee  on  Military  Affairs,  reported 
back  House  Bill  No.  31,  entitled  “ A Bill  to  amend  an  act  entitled 
‘ An  act  creating  a Board  for  the  examination  of  certain  Military 
Claims,  ’ passed  February  25,  1865,  ” with  a recommendation  that 
it  pass ; and  the  bill  was  read  the  second  time,  and  ordered  to  its 
third  reading. 

7 


50 


Journal  of  the  Senate. 

Mr.  Duval,  from  the  same  Committee,  reported  back  House  Joint 
Resolution  No.  11,  “ Providing  medals  for  West  Virginia  soldiers,  ” 
recommending  its  adoption. 

On  motion  of  Mr.  Haymond,  the  said  resolution  was  laid  on  the 
table. 

Mr.  Dix,  from  the  Committee  on  Education,  reported  back  Sen- 
ate Bill  No.  16,  entitled  “A  Bill  to  incorporate  the  Marshall 
Institute  and  Library  Association  of  Moundsville,  ” recommending 
that  it  do  not  pass. 

The  Senate  refused  to  order  the  bill  to  be  read  the  second  time. 

Mr.  Burdett  presented  the  petition  of  citizens  of  Hampshire 
county,  praying  for  the  establishment  of  the  county  of  Mineral  out 
of  a part  of  Hampshire,  which  was  referred  to  the  Committee  on 
Townships,  &c. 

House  Bill  No.  7,  entitled  “A  Bill  to  authorize  the  release  of 
mortgages,  deeds  of  trust,  and  other  recorded  liens,  ” was  read  the 
third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Cham- 
bers, Corley,  Dix,  Duval,  Haymond,  Hawkins,  Hagar,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

Senate  Bill  No.  19,  entitled  “ A Bill  for  the  relief  of  William  E. 
Lyon,  was  taken  up  on  its  second  reading. 

On  motion  of  Mr.  Haymond,  the  word  “ and”  was  stricken  out 
of  the  2d  line,  and  the  word  “ or  ” inserted  in  lieu  thereof. 

On  motion  of  Mr.  Maxwell,  the  words  “ The  said  dam  shall  be  in 
all  respects  like  the  one  which  the  said  Gains  was  allowed  to  erect 
under  the  said  order,  ” were  added  at  the  end  of  the  first  section. 

The  bill  was  then  ordered  to  be  engrossed. 

Mr.  Burdett  presented  the  petitions  of  a number  of  Assessors 
praying  for  an  increase  of  Assessors  fees,  which  were  laid  on  the 
table. 

The  Senate  then  adjourned. 


THURSDAY,  February  1,  1866. 

The  Senate  met  at  the  usual  hour,  and  was  opened  with  prayer 
by  Rev.  Dr.  Martin- 

The  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates : 


51 


Journal  of  the  Senate . 

Clerk’s  Office,  House  of  Delegates,  \ 
Wheeling , January  31,  1866.  J 
The  House  has  this  day  passed  and  asks  the  concurrence  of  the 
Senate  in 

House  Bill  No.  9,  “ A Bill  to  amend  the  law  in  relation  to  the 
competency  of  witnesses,  ” and  has  passed  Senate  Bill  No.  13,  “ A 
Bill  for  the  relief  of  James  A.  Ewing.  ” 

Wm.  P.  Hubbard, 

Clerk  House  of  Delegates. 

Said  House  Bill  No.  9,  was  read  the  first  time,  and  referred  to 
the  Committee  on  the  Judiciary. 

Mr.  Maxwell  from  the  Committee  on  the  Judiciary,  reported 
Senate  Bill  No.  26,  entitled  “ A Bill  to  regulate  the  salary  of  the 
Reporter  of  the  Supreme  Court  of  Appeals,  ” which  was  read  the 
first  time. 

Mr.  Maxwell,, from  the  same  Committee,  reported  back  Senate 
Bill  No.  18,  entitled  “ A Bill  to  amend  the  act  exempting  certain 
property  from  execution  or  other  process,  ” recommending  that  it 
do  not  pass  ; and  the  Senate  refused  to  read  the  bill  the  second 
time. 

Mr.  Maxwell,  from  the  same  Committee,  reported  back  House 
Bill  No.  18,  entitled  “ A Bill  to  amend  and  re-enact  the  first  sec- 
tion of  an  act  entitled  ‘ An  act  providing  for  issuing  grants  for 
land  in  certain  cases,  ’ passed  December  9,  1863,  ” recommending 
its  passage,  with  an  amendment,  inserting  in  the  9th  line,  before 
the  word  “surveys,”  the  word  “such,”  and  striking  out  of  the 
22d  line  the  word  “fifty-three,”  and  inserting  the  word  “forty- 
three.”  The  said  amendments  were  both  adopted,  the  bill  read 
the  second  time,  and  ordered  to  its  third  reading. 

Mr.  Maxwell,  from  the  same  Committee,  reported  back  Senate 
Bill  No.  9,  entitled  “A  Bill  to  legalize  the  execution,  acknowl-' 
edgment  and  recording  of  certain  deeds  in  Monroe  county,  ’* 
recommending  its  passage,  with  the  following  amendments : 

• 1.  Strike  out  all  after  the  enacting  clause,  and  insert  the 
following  : 

“ 1.  The  acknowledgment  and  recordation  of  a deed,  executed  by 
Robert  Dunlap  and  Mary  E.  C.  Dunlap,  his  wife,  to  Mary  M.  Har- 
rison, wife  of  Nathaniel  Harrison,  of  Monroe  county,  bearing  date 
on  the  14th  day  of  October,  1864,  and  admitted  to  record  on  the 
6th  day  of  May,  1865,  in  the  Clerk’s  office  of  the  late  county  court 
of  Monroe  county,  is  hereby  legalized  and  declared  to  be  valid. 

The  execution  of  the  deed  from  G-eorge  W.  Hutchinson,  Special 
Commissioner  of  the  former  Circuit  Court  of  the  county  of  Monroe 
to  the  said  Mary  M.  Harrison,  bearing  date  on  the  2d  day  of  Novem- 
ber, 1864,  and  admitted  to  record  in  the  Clerk’s  office  of  the  late 


52 


Journal  of  the  Senate . 

county  court  of  Monroe  county,  on  the  22d  day  of  November,  1864, 
is  hereby  declared  as  legal  as  it  would  have  been  if  the  said  Circuit 
Court  had  had  the  power  to  order  the  same  to  be  executed.  The 
acknowledgment  and  recordation  of  the  same  is  hereby  legalized 
and  declared  to  be  valid. 

2.  Strike  out  of  the  title  the  words  “ to  legalize  the  execution, 
acknowledgment  and  recording  of,  ” and  insert  in  lieu  thereof,  the 
words  “ in  relation  to.  ” 

The  amendments  were  both  adopted,  and  the  bill  read  the  second 
time,  and  ordered  to  be  engrossed. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims,  reported 
adversely  upon  the  resolution  of  Mr.  Corley,  proposing  to  release 
from  back  taxes  and  damages  all  lands  which  lie  in  counties  where 
collectors  of  the  revenue  were  prevented  from  making  collections 
by  reason  of  the  war ; and  the  report  was  adopted. 

Mr.  Burdett,  from  the  same  Committee,  reported  Senate  Bill  No. 
27,  entitled  “ A Bill  to  amend  section  34  of  chapter  118  of  the 
acts  of  1863,  ” which  was  read  the  first  time. 

Mr.  Price,  from  the  Committee  on  Townships,  &c.,  reported  back 
House  Bill  No.  27,  entitled  “ A Bill  to  amend  the  charter  of  the 
town  of  Clarksburg,  ” and  House  Bill  No.  28,  entitled  “ A Bill 
establishing  the  county  of  Mineral  out  of  a part  of  the  county  of 
Hampshire,  ” recommending  that  they  pass  ; and  they  were  each 
read  the  second  time,  and  ordered  to  be  read  the  third  time. 

Mr.  Price,  by  leave,  introduced  Senate  Bill  No.  28,  entitled  “ A 
Bill  for  the  establishment  and  regulation  of  the  West  Virginia 
Agricultural  College,  ” which  was  read  the  first  time,  and  referred 
to  the  Committee  on  Education. 

Senate  Bill  No.  19,  entitled  “ A Bill  for  the  relief  of  William  E. 
Lyon,  ” was  read  the  third  time,  and  passed  with  its  title : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Cham- 
bers, Corley,  Dix,  Duval,  Haymond,  Hawkins,  Hagar,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

House  Bill  No.  21,  entitled  “ A Bill  to  amend  and  re-enact  sec- 
tion 16  of  chapter  184,  Code  of  Virginia,  second  edition,  ” was 
read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Cham- 
bers, Corley,  Dix,  Duval,  Haymond,  Hawkins,  Hagar,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

House  Bill  No.  23,  entitled  “ A Bill  to  amend  and  re-enact  sec- 
tion 64  of  chapter  100  of  the  acts  of  1863,  ” was  read  the  third 
time,  and  passed  with  its  title  : 


53 


Journal  of  the  Senate. 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Cham- 
bers, Corley,  Dix,  Duval,  Hawkins,  Hagar,  Mahon,  O’Brien,  Peck, 
Price,  Slack  and  Wright — 15. 

Nays — Messrs.  Haymond  and  Maxwell — 2. 

House  Bill  N&.  31,  entitled  “ A Bill  to  amend  an  act  entitled 
‘ An  act  creating  a Board  for  the  examination  of  certain  military 
claims,  ’ passed  February  25,  1865,  ” was  read  the  third  time,  and 
passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Cham- 
bers, Corley,  Dix,  Duval,  Haymond,  Hawkins,  Hagar,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

On  motion  of  Mr.  Burdett,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  House  Bill  No.  28,  entitled  “ A 
Bill  establishing  the  county  of  Mineral  out  of  a part  of  the  county 
of  Hampshire,  ” was  this  day  read  the  third  time,  and  passed  with 
its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Cham- 
bers, Corley,  Dix,  Duval,  Haymond,  Hawkins,  Hagar,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

Senate  Bill  No.  22,  entitled  “ A Bill  to  protect  public  school 
houses,  ” was  amended  by  striking  out  of  the  17th  line  the  word 
“educational,”  and  inserting  in  lieu  thereof,  the  word  “school.” 

On  motion  of  Mr.  Mahon,  the  said  bill  was  laid  on  the  table. 

On  motion  of  Mr.  Duval,  House  Joint  Resolution  No.  11,  “ Pro- 
viding medals  of  honor  for  West  Virginia  soldiers,  ” was  taken 
from  the  table  and  adopted. 

On  motion  of  Mr.  Peck, 

JResolved,  That  the  Committee  on  Finance  and  Claims  be  directed 
to  inquire  into  the  expediency  of  authorizing  the  Supervisors  of 
Ohio  county  to  increase  the  compensation  of  the  Prosecuting 
Attorney  of  said  county  beyond  the  sum  now  authorized  by  law. 

The  Senate  then  adjourned. 


FRIDAY,  February  2,  1866. 

The  Senate  met  at  10  o’clock,  A.  M.,  and  was  opened  with 
prayer  by  Rev.  Dr.  Martin. 

The  following  communication  was  received  from  the  House  of 
Delegates  ; 


54 


Journal  of  the  Senate. 

Clerk’s  Office,  House  of  Delegates,  \ 
Wheeling,  ieb.  1,  1866.  J 

The  House  has  this  day  concurred  in  all  the  amendments  pro- 
posed by  the  Senate  to  House  Bill  No.  7,  “ A Bill  to  authorize  the 
release  of  mortgages,  deeds  of  trust,  and  other  recorded  liens.” 

W.  P.  Hubbard, 

Cleric  House  of  Delegates. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
back  House  Bill  No.  22,  entitled  “A  Bill  to  amend  and  re-enact 
section  86,  chapter  176,  Code  of  Virginia,  second  edition,  ” recom- 
mending its  passage  with  an  amendment,  adding  at  the  end  of  the 
bill,  the  words,  “ This  section  shall  not  apply  to  witnesses  before 
justices.  ” 

The  said  amendment  was  agreed  to,  the  bill  read  the  second 
time,  and  ordered  to  its  third  reading. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims,  reported 
back,  with  a recommendation  that  it  pass,  House  Bill  No.  20, 
entitled  “ A Bill  to  protect  State  and  local  bounties  for  volunteers 
in  the  service  of  the  United  States  and  of  this  State  against  attach- 
ment and  levy  for  debt,  ” which  was  read  the  second  time  and 
ordered  to  be  read  the  third  time. 

Mr.  Mahon  presented  the  petition  of  citizens  of  sub-district  No. 
2,  Gilmer  Township,  Jackson  county,  praying  that  they  be  author- 
ized to  levy  a tax  of  fifty  cents  on  the  hundred  dollars  for  building 
school  houses,  which  was  read  and  referred  to  the  Committee  on 
Education. 

Mr.  Peck,  by  leave,  introduced  Senate  Bill  No.  29,  entitled  “ A 
Bill  providing  for  the  issuing  of  attachments  in  certain  cases,” 
which  wras  read  the  first  time,  and  referred  to  the  Committee  on 
the  Judiciary. 

On  motion  of  Mr.  Burdett,  Senate  Bill  No.  9,  entitled  “A  Bill 
in  relation  to  certain  deeds  in  Monroe  county,  ” was  laid  on  the 
table. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims,  reported 
back  House  Bill  No.  15,  entitled  “ A Bill  to  provide  for  the  sale  of 
real  estate  returned  delinquent  for  the  non-payment  of  taxes,  ” 
recommending  its  passage. 

The  bill  was  read  by  sections  for  amendment. 

Mr.  Burdett  moved  to  amend  the  bill  by  striking  out  the  words 
11  per  centum , ” wherever  they  occur,  and  inserting  in  lieu  thereof, 
the  words  “ per  cent ; ” but  the  motion  was  rejected. 

On  motion  of  Mr.  Burley,  the  bill  was  re-committed. 


55 


Journal  of  the  Senate. 

House  Bill  No.  18,  entitled  “ A Bill  to  amend  and  re-enact  the 
first  section  of  an  act  entitled  ‘ An  act  providing  for  issuing  grants 
for  land  in  certain  cases,  ’ passed  December  9,  1865,”  was  read  the 
third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Cham- 
bers, Corley,  Dix,  Duval,  Haymond,  Hawkins,  Hagar,  Mahon, 
Maxwell,  O’Brien,  Price,  Slack  and  Wright — 17. 

Nays — None. 

House  Bill  No.  27,  entitled  “A  Bill  to  amend  the  charter  of 
the  town  of  Clarksburg,  ” was  read  the  third  time,  and  passed  with 
its  title : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Cham- 
bers, Corley,  Dix,  Duval,  Haymond,  Hawkins,  Hagar,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

On  motion  of  Mr.  Peck,  House  Bill  No.  16,  entitled  “ A Bill  to 
authorize  the  city  of  Wheeling  to  levy  and  collect  license  from 
Insurance  Companies,  ” was  taken  up,  and  amended  by  adding  at 
the  end  of  the  bill  the  following : “ Provided  that  the  said  license 

shall  be  taxed  equally,  and  that  not  over  the  sum  of  fifty  dollar 
shall  be  assessed  on  each.  ” 

On  motion  of  Mr.  Burley,  the  word  “ foreign  ” was  inserted 
before  the  word  “ Insurance  ” in  the  3d  line. 

On  motion  of  Mr.  Peck,  the  bill  was  laid  on  the  table. 

The  Senate  then  adjourned. 


SATURDAY,  February  3,  1866. 

The  Senate  met  at  10  o’clock,  A.  M.,  and  after  prayer  by  Rev.  Dr. 
Martin,  the  journal  of  yesterday  was  read  and  approved. 

Mr.  Price,  from  the  Committee  on  Townships,  &c.,  reported  back. 
Senate  Bill  No.  21,  entitled  “ A Bill  to  incorporate  the  town  of 
Ceredo  in  the  county  of  Wayne,  ” recommending  its  passage  with 
an  amendment,  striking  out  of  the  2d  line  of  the  20th  section  the 
word  “ eighteen,  ” and  inserting  in  lieu  thereof,  the  word  “ twenty- 
one.  ” 

The  amendment  was  adopted. 

The  bill  was  read  by  sections  for  amendment. 

Mr.  Burdett  moved  to  strike  out  of  the  4th  and  5th  line  of  the 
12th  section  the  words  “ of  loyalty  prescribed,  ” and  insert  in  lieu 
thereof,  the  words  “prescribed  by  law,”  but  the  motion  was 
rejected. 

Mr.  Burley  moved  to  add  at  the  end  of  the  28th  section  the 
words  “ Provided,  however,  that  the  said  town  shall  keep  its 


56 


Journal  of  the  Senate. 

streets  and  alleys  in  good  order,  and  provide  for  its  own  poor,” 
which  was  agreed  to. 

The  bill  was  read  the  second  time  and  ordered  to  be  engrossed 
and  read  the  third  time. 

Mr.  Dix,  from  the  Committee  on  Education,  reported  back  Senate 
Bill  No.  23,  entitled  “ A Bill  concerning  Brooke  Academy,  ” without 
recommendation  ; and  the  Senate  refused  to  read  the  Bill  a second 
time. 

House  Bill  No.  22,  entitled  “ A Bill  to  amend  and  re-enact  sec- 
tion 36,  chapter  176,  Code  of  Virginia,  second  edition,  ” was  read 
the  third  time,  and  passed  with  its  title : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Cham- 
bers, Corley,  Dix,  Duval,  Haymond,  Hawkins,  Hagar,  Mahon, 
Maxwell,  O’Brien,  Price,  Slack  and  Wright — 16. 

Nays — None. 

House  Bill  No.  20,  entitled  “ A Bill  to  protect  State  and  local 
bounties  for  volunteers  in  the  service  of  the  United  States  and  this 
State,  against  attachment  and  levy  for  debt,  ” was  read  the  third 
time  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Cham- 
bers, Corley,  Dix,  Duval,  Haymond,  Hawkins,  Hagar,  Mahon, 
Maxwell,  O’Brien,  Price,  Slack  and  Wright — 16. 

Nays — None. 

Senate  Bill  No.  27,  entitled  “ A Bill  to  amend  section  34  of  chapter 
118  of  the  acts  of  1863,  *’  was  read  the  second  time,  and  ordered  to 
be  engrossed. 

On  motion  of  Mr.  Maxwell,  Senate  Bill  No.  9,  entitled  “ A Bill 
in  relation  to  certain  deeds  in  Monroe  county,  ” was  taken  from 
the  table,  the  vote  ordering  its  engrossment  re-considered,  and  the 
bill  re-committed. 

Mr.  Burdett  presented  the  following  joint  resolution,  which  lies 
over  one  day  under  the  rules  : 

Resolved , by  the  Legislature  of  West  Virginia , That,  as  a mark  of 
respect  and  gratitude  to  General  D.  Karns  for  his  efforts,  enter- 
prise and  perseverance  in  first  discovering,  and  his  energy  in 
developing  Petroleum  within  this  State,  the  Governor  cause  to  be 
struck  a medal,  with  suitable  devices  and  inscriptions,  to  be  pre- 
sented to  General  Karns. 

On  motion  of  Mr.  Burley, 

Resolved , That  the  Committee  on  the  Judiciary  be  requested  to 
inquire  into  the  expediency  of  reporting  a bill  amending  the  2d 
section  of  chapter  133  of  the  acts  of  1863,  so  as  to  allow  constables 
a fair  compensation  for  summoning  witnesses  and  summoning  a 
jury,  and  return  of  venire. 

Mr.  Burdett  was  granted  leave  of  absence  until  Tuesday  next. 

The  Senate  adjourned. 


57 


Journal  of  the  Senate. 

MONDAY,  February  5,  1866. 

The  Senate  met  at  the  usual  hour,  and  after  prayer  by  Rev. 
D.  W.  Fisher,  the  journal  of  Saturday  was  read  and  approved. 

Mr.  O’Brien,  by  leave,  introduced  Senate  Bill  No.  30,  entitled 
“ A Bill  to  alter  part  of  the  division  line  between  the  counties  of 
Upshur  and  Barbour,  ” which  was  read  the  first  time  and  referred 
to  the  Committee  on  Townships,  &c. 

Senate  Bill  No.  21,  entitled  “ A Bill  to  incorporate  the  town  of 
Ceredo  in  the  county  of  Wayne,  ” was  read  the  third  time,  and 
passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Cor- 
ley, Haymond,  Hawkins,  Hagar,  Kitchen,  Mahon,  O’Brien,  Price 
and  Wright — 12. 

Nays — Mr.  Maxwell — 1. 

Senate  Bill  No.  27,  entitled  “ A Bill  to  amend  section  34  of  chapter 
118  of  the  acts  of  1863,  ” was  read  the  third  time  and  passed  with 
its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Cor- 
ley, Haymond,  Hawkins,  Hagar,  Kitchen,  Mahon,  Maxwell,  O’Brien, 
Price  and  Wright — 13. 

Nays — None. 

The  Senate  adjourned. 


TUESDAY,  February  6,  1866. 

The  Senate  met  at  10  o’clock,  A.  M.,  and  after  prayer  by  Rev. 
D.  W.  Fisher,  the  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates,  \ 
Wheeling,  February  5,  1866.  / 

The  House  has  this  day  passed  Senate  Bill  No.  7,  “ A Bill  to 
authorize  the  sale  of  a lot  in  or  near  the  town  of  Martinsburg  ; 
concurred  in  the  amendments  made  by  the  Senate  to  House  Bill 
No.  18,  “ A Bill  to  amend  and  re-enact  the  first  section  of  an  act 
entitled  ‘ An  act  providing  for  issuing  grants  for  land  in  certain 
cases,  ’ passed  December  9,  1863,  ” and  House  Bill  No.  22,  “ A Bill 
to  amend  and  re-enact  section  36,  chapter  176,  Code  of  Virginia, 
second  edition ; ” passed  and  respectfully  asks  the  concurrence  of 
the  Senate  in  House  Bill  No.  37,  “ A Bill  to  refund  to  certain 
counties  their  proportion  of  the  school  fund,  ” and  House  Bill  No. 
39,  “ A Bill  appropriating  six  hundred  dollars  to' William  Alexan- 
der. ” 

Wm.  P.  Hubbard, 

Clerk  House  of  Delegates. 


8 


58 


Journal  of  the  Senate. 

Said  House  Bill  No.  37,  was  read  the  first  time,  and  referred  to 
the  Committee  on  Education ; and  No.  39  was  read  the  first  time 
and  referred  to  the  Committee  on  Finance  and  Claims. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
back  Senate  Bill  No.  31,  entitled  “ A Bill  to  alter  the  terms  of 
the  circuit  courts  in  the  9th  circuit,  ” which  was  read  the  first 
time,  and  its  printing  dispensed  with. 

On  motion  of  Mr.  Peck,  the  case  being  urgent  and  three-fourths 
of  the  members  consenting  thereto,  the  rule  was  suspended  for  the 
purpose,  and  said  last  named  bill  read  the  second  time  this  day, 
and  ordered  to  be  engrossed. 

Mr.  Maxwell,  from  the  same  Committee,  reported  Senate  Bill  No. 
32,  entitled  “ A Bill  to  repeal  the  acts  giving  the  courts  of  Dod- 
dridge and  Ritchie  jurisdiction  in  cases  arising  in  Gilmer  and 
Calhoun,  ” which  was  read  the  first  time,  and  its  printing  dispensed 
with. 

Mr.  Price,  from  the  Committee  on  Townships,  &c.,  reported  back 
House  Bill  No.  25,  entitled  “A  Bill  amending  the  charter  of  the 
town  of  Triadelphia,  in  the  county  of  Ohio,  ” with  a recommendation 
that  it  pass  with  an  amendment,  inserting  after  the  word  “ run- 
ning, ” in  the  31st  line,  the  words  “horses  or  any  other  animal  of 
their  kind.  ” 

The  amendment  was  adopted. 

On  motion  of  Mr.  Mahon,  the  words  “ of  the  peace  of  said 
county,  ” were  stricken  out  of  the  51st  line,  and  the  words 
“ Triadelphia  township  ” inserted. 

The  said  bill  was  then  read  the  second  time,  and  ordered  to  its 
third  reading. 

Mr.  Corley,  by  leave,  introduced  Senate  Bill  No.  33,  entitled  “ A 
Bill  concerning  the  railroads  of  this  State,  ” which  was  read  the 
first  time,  and  referred  to  the  Committee  on  Internal  Improvements 
and  Navigation. 

Mr.  Chambers,  by  leave,  introduced  Senate  Bill  No.  34,  entitled 
“ A Bill  relieving  certain  counties  from  taxes,  ” which  was  read 
the  first  time,  and  referred  to  the  Committee  on  Finance  and 
Claims. 

On  motion  of  Mr.  Maxwell,  Senate  Bill  No.  26,  entitled  “ A Bill 
to  regulate  the  salary  of  the  Reporter  of  the  Supreme  Court  of 
Appeals,  ” was  amended,  by  striking  out  of  the  second  line  the 
words  “ such  sum.  not  exceeding,  ” and  out  of  the  4th  and  5th  lines 
the  words  “ as  the  court  may  determine.  ” 

The  bill  was  then  read  the  second  time,  and  ordered  to  be 
engrossed. 


59 


Journal  of  the  Senate. 

On  motion  of  Mr.  Peck,  Senate  Bill  No.  10,  entitled  “ A Bill 
securing  liens  to  mechanics,  laborers  and  others,”  was  taken  from 
the  table,  read  the  second  time,  and  ordered  to  be  engrossed. 

On  motion  of  Mr.  Chapline,  Senate  Bill  No.  8,  entr  led  “ A Bill 
amending  section  94,  chapter  118  of  the  acts  of  1863,  ” was  taken 
from  the  table,  read  the  second  time,  and  ordered  to  be  engrossed. 

Mr.  Mahon  presented  two  petitions,  from  a large  number  of 
citizens  of  Jackson  county,  praying  for  the  adoption  of  the  constitu- 
tional amendment,  which  were  read  and  referred  to  the  Committee 
on  the  Judiciary. 

Mr.  Kitchen  presented  the  petition  of  a large  number  of  loyal 
citizens  of  Berkeley  county  praying  for  the  passage  of  an  act  to 
indemnify  them  for  losses  sustained  by  them  during  the  rebellion, 
which  was  read  and  referred  to  the  Committee  on  Finance  and 
Claims. 

On  motion  of  Mr.  Peck, 

Resolved , That  the  Committee  on  the  Judiciary  inquire  into  the 
expediency  of  enlarging  the  jurisdiction  of  the  Municipal  Court  of 
Wheeling  in  civil  and  criminal  matters,  and  report  by  bill  or 
otherwise. 

On  motion  of  Mr.  Peck, 

Resolved,  That  the  Committee  on  Education  inquire  into  and 
report  the  expediency  of  amending  the  act  in  relation  to  the  Free 
Schools  of  Wheeling. 

On  motion  of  Mr.  Corley, 

Resolved , That  the  Committee  on  Internal  Improvements  and 
Navigation  inquire  into  the  expediency  of  appropriating  $50,000 
to  McAdamize  the  Clarksburg  and  Buckhannon  Turnpike  road, 
and  report  by  bill  or  otherwise. 

On  motion  of  Mr.  Burdett, 

Resolved , That  the  Committee  on  Townships,  &c.,  be  instructed 
to  inquire  into  the  expediency  of  requiring  Eecorders  to  make 
their  list  of  transfers  furnished  Assessors,  alphabetically  and  by 
towTnsbips. 

The  Senate  then  adjourned. 


WEDNESDAY,  February  7,  1866. 

The  Senate  met  at  the  usual  hour,  and  was  opened  with  prayer  by 
Pev.  D.  W.  Fisher,  after  which  the  journal  of  yesterday  was  read 
and  approved. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims,  report- 
ed back  House  Bill  No.  39,  entitled  “ A Bill  appropriating  six 
hundred  dollars  to  William  Alexander,  ” recommending  its  passage  ; 
and  it  was  read  the  second  time,  and  ordered  to  its  third  reading. 


60 


Journal  of  the  Senate. 

Mr.  Barley,  from  the  Committee  on  Internal  Improvements  and 
Navigation,  reported  back  Senate  Bill  No.  11,  entitled  “ A Bill  to 
incorporate  the  Jonathan’s  Gaut  and  Glenn’s  Bun  Turnpike  Com- 
pany, ” recommending  its  passage  with  the  following  amendments  : 

1.  Strike  out  of  the  6th  line,  1st  section,  the  words  “ Jonathan’s 
Gaut  at  the,  ” and  insert  in  lieu  thereof,  the  words  “ Wheeling 
Iron  Works.  ” 

2.  Strike  out  of  the  7th  line,  1st  section,  the  words  “ end  of 
Main  street.  ” 

3.  Insert  the  words  “ one  mile  ” between  the  word  “ road”  and 
the  word  “ above,  ” in  the  2d  line  of  the  4th  section. 

All  of  said  amendments  were  adopted,  the  bill  read  the  second 
time,  and  ordered  to  be  engrossed. 

Mr.  Wright,  by  leave,  introduced  Senate  Bill  No.  35,  entitled 
“ A Bill  to  amend  and  re-enact  section  6 of  an  act  entitled  ‘ An 
act  concerning  licenses,’  passed  November  28,  1863,”  which  was 
read  the  first  time,  and  referred  to  the  Committee  on  the  Judiciary. 

Mr.  Haymond,  by  leave,  introduced  Senate  Bill  No.  36,  entitled 
“ A Bill  to  encourage  immigration  into  West  Virginia,  ” which  was 
read  the  first  time,  and  referred  to  the  Committee  on  Banks  and 
Corporations. 

Mr.  Hagar,  by  leave,  introduced  Senate  Bill  No.  37,  entitled  “ A 
Bill  to  authorize  suits  and  proceedings  which  might  be  brought  in 
the  county  of  Logan,  to  be  brought  and  prosecuted  in  the  county 
of  Boone,  ” which  was  read  the  first  time,  its  printing  dispensed 
with,  and  referred  to  the  Committee  on  the  Judiciary. 

Mr.  Chapline,  by  leave,  introduced  Senate  Bill  No.  38,  entitled 
“ A Bill  to  repeal  the  9th  section  of  * An  act  defining  the  powers 
and  duties  of  Recorders  in  relation  to  Wills  and  Fiduciaries,  ’ passed 
September  3,  1863,  ” which  was  read  the  first  time,  and  referred  to 
the  Committee  on  the  Judiciary. 

House  Bill  No.  25,  entitled  “ A Bill  amending  the  charter  of 
the  town  of  Triadelphia,  ” was  read  the  third  time,  and  passed 
with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Chap- 
line,  Chambers,  Corley,  Dix,  Duval,  Haymond,  Hawkins,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price  and  Wright — 17. 

Nays — None. 

Senate  Bill  No.  8,  entitled  “A  Bill  amending  section  94,  chapter 
118  of  the  acts  of  1863,  ” was  read  the  third  time,  and  passed  with 
its  title : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Chapline, 
Chambers,  Corley,  Dix,  Duval,  Haymond,  Hawkins,  Kitchen,  Mahon, 
Maxwell,  0”Brien,  Peck,  Price  and  Wright — 17. 

Nays — None. 


61 


Journal  of  the  Senate. 

Senate  Bill  No.  10,  entitled  “ A Bill  securing  liens  to  mechanics, 
laborers  and  others,  ” was  read  the  third  time,  and  passed  with  its 
title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Haymond,  Hawkins,  Hagar, 
Kitchen,  Mahon,  Maxwell,  O’Brien,  Peck,  Price  and  Wright — 18. 

Nays — None. 

Senate  Bill  No.  26,  entitled  “ A Bill  to  regulate  the  salary  of 
the  Reporter  of  the  Supreme  Court  of  Appeals,  ” was  read  the 
third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Haymond,  Hawkins,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price  and  Wright — 17. 

Nays — None. 

Senate  Bill  No.  31,  entitled  “ A Bill  to  alter  the  terms  of  the 
circuit  courts  in  the  ninth  circuit,  ” was  read  the  third  time,  and 
passed  with  its  title: 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Chap- 
line, Chambers,  Corley,  Dix,  Duval,  Haymond,  Hawkins,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price  and  Wright — 17. 

Nays — None. 

Senate  Bill  No.  32,  entitled  “ A Bill  to  repeal  the  acts  giving 
the  courts  of  Doddridge  and  Ritchie  jurisdiction  in  cases  arising 
in  Gilmer  or  Calhoun,  ” was  read  the  second  time,  and  ordered  to 
be  engrossed. 

On  motion  of  Mr.  Burdett,  Senate  Joint  Resolution  No.  7,  “ to 
provide  a medal  for  General  Samuel  D.  Karns,  ” was  taken  up, 
when  Mr.  Burdett  offered  the  following  substitute  : 

Resolved , by  the  Legislature  of  West  Virginia , That  the  Governor 
of  this  State  cause  a medal  to  be  struck,  with  suitable  devices  and 
inscriptions  thereon,  and  presented  to  General  Samuel  D.  Karns  as 
a testimonial  of  the  value  of  his  enterprise  and  exertions  in  first 
discovering  and  his  unceasing  efforts  in  developing  Petroleum  in 
this  State. 

Mr.  Burdett  then  moved  that  the  resolution  and  the  substitute 
be  laid  on  the  table,  which  was  agreed  to. 

Mr.  O’Brien  moved  that  the  vote  adopting  the  adverse  report  of 
the  Committee  on  Finance  and  Claims  in  regard  to  the  claim  of  J. 
Edgar  Boyers,  be  re-considered,  but  the  motion  was  decided  in  the 
negative. 

On  motion  of  Mr.  Peck, 

Resolved , That  the  Committee  on  the  Judiciary  inquire  into  the 
propriety  of  amending  section  6 of  chapter  204  of  the  Code  of  Vir- 
ginia, so  as  to  allow  Justices  to  admit  to  bail  persons  charged  with 
felony  before  them. 


62 


Journal  of  the  Senate. 

On  motion  of  Mr.  Peck, 

Resolved , That  the  Committee  on  the  Judiciary  inquire  into  the 
expediency  of  providing  that  the  action  of  forcible  detainer  shall 
survive  upon  the  death  of  either  of  the  parties,  to  the  heirs, 
devisees  or  executors  of  the  party  so  dying. 

Mr.  Peck  introduced  Senate  Joint  Resolution  No.  8,  as  follows  : 
Re  it  Resolved  by  the  Legislature  of  West  Virginia  : 

That  Sylvanus  W.  Hall  be  paid  out  of  the  contingent  fund  in 
hands  of  the  Governor,  the  sum  of  one  hundred  dollars,  for  his 
time  and  services  in  removing  the  law  library  from  Lewisburg  to 
the  city  of  Wheeling. 

The  resolution  lies  over  one  day  under  the  rules. 

The  Senate  then  adjourned. 


THURSDAY,  February  8/  1866. 

The  Senate  met  at  the  usual  hour,  and  after  prayer  by  Rev. 
Dr.  Drummond,  the  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates  :* 

Clerk’s  Office,  House  of  Delegates,  ] 
February  7,  1866.  J 

The  Plouse  has  this  day  passed  and  asks  the  concurrence  of  the 
Senate,  in 

House  Bill  No.  44,  “ A Bill  to  repeal  sections  22  and  23  of  chapter 
163  of  the  Code  of  Virginia,  second  edition.  ” 

House  Bill  No.  49,  “ A Bill  to  enable  the  council  of  the  city  of 
Parkersburg  to  change  the  name  of  the  streets  thereof.  ” 

House  Bill  No.  50,  “ A Bill  making  an  appropriation  to  the  West 
Virginia  Hospital  for  the  Insane.  ” 

House  Bill  No.  51,  “ A Bill  to  legalize  marriages  celebrated 
during  the  rebellion.  ” 

House  Bill  No.  52,  “ A Bill  to  amend  and  re-enact  the  1st  section 
of  chapter  5 of  the  acts  of  1864.  ” 

House  Bill  No.  53,  “ A Bill  to  amend  and  re-enact  a part  of 
the  1st  section  of  chapter  20  of  the  acts  of  the  General  Assembly 
of  Virginia,  passed  at  Richmond  in  1861,”  and 

House  Bill  No.  55,  “A  Bill  establishing  the  county  of  Grant 
out  of  a part  of  the  county  of  Hardy.  ” 

Wm.  P.  Hubbard, 
Clerk  House  of  Delegates. 

Said  bills  were  read  the  first  time,  and  Nos.  44,  51,  52  and  53 
were  referred  to  the  Committee  on  the  Judiciary;  No.  49,  to  the 
Committee  on  Banks  and  Corporations  ; No.  50,  to  the  Committee 
on  Finance  and  Claims ; and  No.  55,  to  the  Committee  on 
Townships,  &c. 


63 


Journal  of  the  Senate. 

* Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims,  reported 
that  it  is  inexpedient  to  legislate  upon  the  subject  of  releasing  Wil- 
son Abbott,  late  Sheriff  of  Raleigh  county,  from  the  payment  of 
certain  judgments  obtained  against  him  by  the  State  of  Virginia. 

The  report  was  adopted. 

Mr.  Burley,  from  the  Committee  on  Internal  Improvements  and 
Navigation,  reported  Senate  Bill  No.  39,  entitled  “ A Bill  constitu- 
ting the  bank  of  certain  streams  in  Morgan,  county  a lawful  fence,  ” 
which  was  read  the  first  time. 

Mr.  Dix,  from  the  Committee  on  Education,  reported  back  House 
Bill  No.  37,  entitled  “ A Bill  to  refund  to  certain  counties  their 
proportion  of  the  school  fund,  ” with  a substitute  therefor,  as 
follows : 

Substitute  for  House  Bill  No.  37,  “ A Bill  prescribing  how  the 
general  school  fund  shall  be  apportioned  to  certain  counties  in  the 
year  1866. ” 

Be  it  enacted  by  the  Legislature  of  West  Virginia: 

1.  The  Auditor  in  the  next  apportionment  of  the  general  school 
fund  shall  apportion  to  the  counties  of  Putnam,  Pleasants,  Wirt, 
Wood,  Monongalia,  Randolph  and  Gilmer,  in  addition  to  their  share 
of  such  fund  this  year,  such  portion  thereof  as  they  would  have 
been  entitled  to  receive  in  the  year  1865,  had  they  then  made  full 
returns  of  the  number  of  school  children  in  their  respective 
counties.  Such  apportionment  shall  be  made  upon  the  enrollment 
of  the  present  year. 

2.  The  Superintendents  of  the  counties  aforesaid  are  hereby 
required  to  apportion  to  such  townships  in  their  counties,  in 
addition  to  their  share  of  the  school  fund  this  year,  ^uch  portion  as 
they  would  have  been  entitled  to  receive  in  1865,  had  they  made 
their  return  according  to  law. 

The  said  substitute  was  adopted,  and  the  bill  read  the  second 
time,  and  ordered  to  its  third  reading. 

Mr.  Duval,  by  leave,  introduced  Senate  Bill  No.  40,  entitled  “ A 
Bill  to  authorize  Adam  Kuhn  and  others  to  sink  a coal  shaft  in  the 
town  of  Wellsburg,  and  for  other  purposes,  ” which  was  read  the 
first  time,  and  referred  to  the  Committee  on  Finance  and  Claims. 

Mr.  Chapline,  by  leave,  introduced  Senate  Bill  No.  41,  entitled 
“A  Bill  to  relieve  judgment  debtors,  ” which  ^vas  read  the  first 
time,  and  referred  to  the  Committee  on  the  Judiciary. 

Mr.  Hawkins,  by  leave,  introduced  Senate  Bill  No.  42,  entitled 
“ A Bill  to  amend  section  12  of  chapter  30  of  the  acts  of  1865,  ” 
which  was  read  the  first  time,  its  printing  dispensed  with,  and 
referred  to  the  Committee  on  the  Judiciary. 

Mr.  Hagar,  by  leave,  introduced  a substitute  for  Senate  Bill  No. 
15,  entitled  “ A Bill  to  incorporate  the  Wayne  county  Coal  and 


64 


Journal  of  the  Senate. 

Iron  Railway  Company,  ” and  the  substitute  was  referred  to  tbb 
Committee  on  Internal  Improvements  and  Navigation. 

Mr.  Kitchen  presented  remonstrances  against  the  formation  of 
the  county  of  Grant  out  of  a part  of  the  county  of  Hardy,  which 
were  referred  to  the  Committee  on  Townships,  &c. 

House  Bill  No.  39,  entitled  “ A Bill  appropriating  six  hundred 
dollars  to  William  Alexander,  ” was  read  the  third  time,  and 
passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Haymond,  Hawkins,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price  and  Wright — -17. 

Nays — None. 

Senate  Bill  No.  11,  entitled  “ A Bill  to  incorporate  the  Jon- 
athan’s Gaut  and  Glenn’s  Run  Turnpike  Company,  ” was  amended 
by  general  consent,  by  striking  out  of  the  22d  and  23d  lines  the 
words  “ Jonathan’s  Gaut,  ” and  inserting  in  lieu  thereof,  the  words 
“ Wheeling  Iron  Works,  ” when  the  bill  was  read  the  third  time, 
and  passed  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price  and  Wright — 17. 

Nays — None. 

On  motion  of  Mr.  Peck,  the  title  was  amended  by  striking  out 
the  words  “ Jonathan’s  Gaut,  ” and  inserting  in  lieu  thereof,  the 
words  “ Wheeling  Iron  Works,  ” and  thus  amended  the  title  was 
passed. 

Senate  Bill  No.  32,  entitled  “ A Bill  to  repeal  the  acts  giving 
the  courts  of  Doddridge  and  Ritchie  jurisdiction  in  cases  arising  in 
Gilmer  or  Calhoun,  ” was  read  the  third  time,  and  passed  with  its 
title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Burdett,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price  and  Wright — 17. 

Nays — None. 

On  motion  of  Mr.  Chapline,  Senate  Joint  Resolution  No.  8,  *“  to 
pay  for  services  in  removing  law  library  from  Lewisburg  to  Wheel- 
ing, ” was  taken  up,  and  referred  to  the  Committee  *on  Finance  and 
Claims. 

On  motion  of  Mr.  Peck, 

Resolved , That  the  Committee  on  Finance  and  Claims  inquire 
into  the  propriety  of  amending  section  1 of  chapter  78  of  the  acts 
of  1862. 

The  Senate  then  adjourned. 


65 


Journal  of  the  Senate. 

FRIDAY,  February  9th,  1866. 

The  Senate  met  at  the  usual  hour,  and  after  prayer  by  Rev.  Mr. 
Taylor,  of  Fairmont,  the  journal  of  yesterday  was  read  and 
approved. 

The  following  communication  was  received  from  the  House  of 
Delegates: 

Clerk’s  Office,  House  of  Delegates.  1 
February  8,  1866.  J 

The  House  has  this  day  concurred  in  the  amendments  proposed 
by  the  Senate  to  House  Bill  No.  25,  “ A Bill  amending  the  charter 
of  the  town  of  Triadelphia  in  the  county  of  Ohio ; ” has  also 
passed  and  asks  the  concurrence  of  the  Senate  in 

House  Bill  No.  8,  “A  Bill  to  amend  the  law  relating  to  the 
maintenance  of  illegitimate  children.  ” 

House  Bill  No.  29,  “ A Bill  to  construct  a mill  dam  across  Elk 
River,  at  Sutton,  Braxton  county.  ” 

House  Bill  No.  30,  “ A Bill  to  provide  for  a re-assessment  of  the 
value  of  all  the  real  estate  within  this  State.  ” 

House  Bill  No.  42,  “ A Bill  to  establish  a permanent  seat  of  gov- 
ernment for  the  State  of  West  Virginia.  ” 

House  Bill  No.  57,  “ A Bill  to  provide  a penitentiary  for  the 
State.  ” 

House  Bill  No.  59,  “A  Bill  to  prevent  further  taxation  of  soldiers 
property  for  bounty  purposes.  ” 

House  Bill  No.  60,  “ A Bill  removing  the  county  seat  of  Calhoun 
county,  ” and  House  Joint  Resolution  No.  14,  “ Agreeing  to  the 
proposed  amendment  to  the  State  Constitution,  ” as  follows  : 
Whereas,  the  legislature  of  this  State  at  its  last  session  in  con" 
formity  to  the  constitution  agreed  to  the  following  proposed  amend- 
ment to  the  constitution  of  this  State,  to  be  added  at  the  end  of  the 
first  section  of  the  third  article  thereof,  to  become  part  of  the  said 
constitution  when  ratified  according  to  the  provisions  thereof, 
namely : 

“ No  person  who  since  the  first  day  of  June,  1861,  has  given  or 
shall  give  voluntary  aid  or' assistance  to  the  rebellion  against  the 
United  States  shall  be  a citizen  of  this  State,  or  be  allowed  to  vote 
at  any  election  held  therein,  unless  he  has  volunteered  into  the 
military  or  naval  service  of  the  United  States,  and  has  been  or 
shall  be  honorably  discharged  therefrom.  ” 

And  whereas , the  said  proposed  amendment  was  published  for  at 
least  three  months  before  the  last  general  election  in  some  news- 
paper in  every  county  in  the  State  in  which  there  was  at  that  time 
a newspaper  printed : Therefore,  Resolved  by  the  Legislature  of 

West  Virginia,  that  the  said  proposed  amendment  is  hereby  agreed 
to. 

, Wm.  P.  Hubbard, 

Clerh  House  of  Delegates. 


9 


66 


Journal  of  the  Senate. 

Said  bills  were  each  read  the  first  time,  and  Nos.  8 and  42  refer- 
red to  the  Committee  on  the  Judiciary ; No.  29,  to  the  Committee 
on  Internal  Improvements  and  Navigation  ; No.  30,  to  the  Commit- 
tee on  Finance  and  Claims;  No.  57,  to  the  Committee  on  Humane 
and  Criminal  Institutions ; No.  59,  to  the  Committee  on  Military 
Affairs  ; and  No.  60,  to  the  Committee  on  Townships,  &c. 

Said  resolution  was  read  the  first  time,  and  referred  to  the 
Committee  on  the  Judiciary. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
Senate  Bill  No.  43,  entitled  “ A Bill  better  to  provide  for  the 
distribution  of  the  acts,  ” which  was  read  the  first  time. 

Mr.  Maxwell,  from  the  same  Committee,  reported  back  Senate 
Bill  No.  37,  entitled  “ A Bill  to  authorize  suits  and  proceedings 
which  might  under  existing  laws  be  brought  in  the  county  of  Logan, 
to  be  brought  and  prosecuted  in  the  county  of  Boone,  recommend- 
ing its  passage  ; and  it  was  read  the  second  time,  and  ordered  to  be 
engrossed. 

Mr.  Maxwell,  from  the  same  Committee,  reported  back  Senate 
Bill  No.  29,  entitled  “ A Bill  providing  for  the  issuing  of  attach- 
ments in  certain  cases,”  recommending  its  passage;  and  it  was 
read  the  second  time,  and  ordered  to  be  engrossed. 

Mr.  Maxwell,  from  the  same  Committee,  reported  back  Senate 
Bill  No.  1,  with  a substitute  therefor,  entitled  “ A Bill  in  relation 
to  the  oaths  of  Attorneys  at  Law,  ” which  was  adopted,  and  the 
bill  read  the  second  time,  and  ordered  to  be  engrossed. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims,  reported 
back  House  Bill  No.  50,  entitled  “ A Bill  making  an  appropriation 
to  the  West  Virginia  Hospital  for  the  Insane,  ” recommending  its 
passage;  and  it  was  read  the  second  time,  and  ordered  to  its  third 
reading. 

Mr.  Burdett,  from  the  same  Committee,  reported  back  House  Bill 
No.  15,  entitled  “ A Bill  to  provide  for  the  sale  of  real  estate 
returned  delinquent  for  the  non-payment  of  taxes,  ” recommending 
its  passage ; but 

On  motion  of  Mr.  Maxwell,  the  bill  was  laid  on  the  table. 

Mr.  Burdett,  from  the  same  Committee,  reported  back  Senate 
Joint  Kesolution  No.  8,  “ To  pay  for  services  in  removing  the  law 
library  from  Lewisburg  to  Wheeling,  ” with  the  following  substitute 
therefor : 

Resolved  by  the  Legislature  of  West  Virginia  : 

That  Sylvanus  W.  Hall  be  paid  the  sum  of  one  hundred  and  fifty 
dollars,  and  Henry  M.  Mathews  the  sum  of  one  hundred  dollars, 
out  of  the  contingent  fund  in  the  hands  of  the  Governor,  for  their 


Journal  of  the  Senate.  67 

time  and  services  in  removing  the  law  library  from  Lewisburg  to 
the  city  of  Wheeling.  ” 

The  substitute  was  agreed  to,  and  the  resolution  adopted. 

Mr.  Duval,  from  the  Committee  on  Military  Affairs,  reported 
Senate  Bill  No.  44,  entitled  “A  Bill  making  an  appropriation  for 
the  Antietam  National  Cemetery  near  Sharpsburg,  Maryland,  ” 
which  was  read  the  first  time. 

Mr.  Chapline,  from  the  Committee  on  Banks  and  Corporations, 
reported  back  House  Bill  No.  49,  entitled  “ A Bill  to  enable  the 
council  of  the  city  of  Parkersburg  to  change  the  name  of  the 
streets  thereof, " recommending  its  passage ; and  it  was  read  the 
second  time,  and  ordered  to  its  third  reading. 

Mr.  Wright,  by  leave,  introduced  Senate  Bill  No.  45’,  entitled 
“ A Bill  to  prevent  Intoxication,  ” which  was  read  the  first  time 
and  referred  to  the  Committee  on  the  Judiciary. 

The  Senate  substitute  for  House  Bill  No.  37,  entitled  “ A Bill 
prescribing  how  the  general  school  fund  shall  be  apportioned  to 
ertain  counties  in  the  year  1866,  ” was  read  the  third  time,  and 
passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Chap- 
line,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Ilaymond,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 16. 

Nays — None. 

On  motion  of  Mr.  Hagar,  the  vote  yesterday,  adopting  the 
adverse  report  of  the  Committee  on  Finance  and  Claims  in  regard 
to  releasing  certain  judgments  against  Wilson  Abbott,  late  Sheriff 
of  Paleigh  county,  was  re-considered,  and  the  report,  petition  and 
papers  were  re-committed. 

On  motion  of  Mr.  Hagar, 

Resolved , That  the  Committee  on  Finance  and  Claims  inquire 
into  the  expediency  of  allowing  Pemberton  Cook  the  sum  of  $85,00 
for  property  lost  in  the  service  of  the  State. 

Mr.  Hagar  presented  petitions  and  papers  relating  to  the  same 
subject,  which  were  referred  with  the  resolution. 

Mr.  Chambers  offered  the  followiug  resolution,  which  was  laid  on 
the  table : 

Resolved , That  the  President  of  the  Senate  be  requested  to  order 
an  election  for  a Senator  in  the  9th  Senatorial  district,  to  fill  a 
vacancy  existing  therein. 

Mr.  Burley  offered  Senate  Joint  Resolution  No.  9,  (which  under 
the  rules  lies  over  one  day,)  as  follows  : 

/ Resolved , by  the  Legislature  of  West  Virginia  : 

That  our  Representatives  in  Congress  be  requested  and  our  Sen- 
ators instructed  to  oppose  a renewal  of  the  late  reciprocity  treaty 
with  England,  in  relation  to  our  trade  with  Canada,  &c.,  and  to 


68 


Journal  of  the  Senate. 

insist  that  the  duty  on  coal  coming  into  the  United  States,  whether 
from  the  British  Provinces  or  elsewhere,  shall  not  be  less  than  one 
dollar  and  seventy-five  cents  per  ton. 

2.  Resolved,  That  a copy  of  the  foregoing  resolutions  be  trans- 
mitted by  the  clerk  of  the  House  of  Delegates  to  each  of  our 
Representatives  and  Senators  in  Congress. 

The  Senate  then  adjourned. 


SATURDAY,  February  10,  1866. 

The  Senate  met  at  the  usual  hour,  and  after  prayer  by  Rev.  Mr. 
Dix,  member  of  the  Senate,  the  journal  of  yesterday  was  read  and 
approved. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
back  House  Bill  No.  51,  entitled  “A  Bill  to  legalize  marriages 
celebrated  during  the  rebellion,”  recommending  its  passage  ; and 
it  was  read  the  second  time,  and  ordered  to  its  third  reading. 

Mr.  Maxwell,  from  the  same  Committee,  reported  back  Senate 
Bill  No.  2,  entitled,  “A  Bill ’to  prevent  and  punish  the  forcible  or 
unlawful  obstruction  of  public  justice,”  recommending  its  passage 
with  the  following  amendments  : 

1.  Strike  out  of  the  1st  line,  1st  section,  the  word  “ especially.” 

2.  Strike  out  of  the  12th  line,  3rd  section,  the  words,  “ less  than 
one,”  and  out  of  the  13th  line,  3rd  section,  the  words,  “month  nor.” 

3.  Strike  out  of  the  1st  line  of  the  4th  section,  the  word  “ or;” 
and  out  of  the  2nd  line,  same  section,  the  word,  “words”  and 
insert  in  lieu  thereof,  the  word  “ or  and  out  of  the  2nd  and  3rd 
lines,  same  section,  the  words,  “ letters,  writing,  public  speeches, 
printing,  publishing  ; and  insert  between  the  words  “ oppose  ” and 
“ any,  ” in  the  5th  line  of  same  section  the  words,  “ or  shall  counsel 
or  advise  others  to  hinder,  obstruct  or  oppose;”  and  strike  out  of 
the  11th  line,  same  section,  the  words  “ one  hundred,  ” and  insert 
“ ten,  ” and  out  of  the  11th  and  12th  lines,  same  section,  the  words, 
“one  thousand,”  and  insert  “five  hundred;”  and  strike  out  all 
between  the  word  “dollars  ” in  the  12th  line,  same  section,  and  the 
word  “ provided ,”  in  the  15th  line,  same  section. 

All  of  said  amendments  were  adopted,  the  bill  read  the  second 
time,  and  ordered  to  be  engrossed. 

Mr.  Maxwell,  from  the  same  Committee  reported  back  House 
Bill  No.  42,  entitled  “ A Bill  to  establish  a permanent  seat  of 
government  for  the  State  of  West  Virginia,  ” recommending  its 
passage,  with  the  following  amendment : Strike  out  of  the  1st  section  > 
the  words,  “ Buckhannon,  in  the  county  of  Upshur,  ” and  insert  in 
lieu  thereof,  the  words,  “ Clarksburg,  in  the  county  of  Harrison,  ” 
but, 

On  motion  of  Mr.  Dix,  the  bill  was  laid  on  the  table. 


69 


Journal  of  the  Senate. 

Mr.  Maxwell,  from,  the  same  Committee,  reported  back  House 
Joint  Resolution,  No.  14,  “ agreeing  to  the  proposed  amendment 
to  the  State  Constitution,  ” recommending  its  passage  ; and  it  was 
read  the  second  time,  and  ordered  to  its  third  reading. 

Mr.  Price,  from  the  Committee  on  Townships,  reported  back  Senate 
Bill  No.  30,  entitled,  “ A Bill  to  alter  part  of  the  division  line 
between  the  counties  of  Upshur  and  Barbour,  ” recommending  its 
passage;  and  it  was  read  the  second  time,  and  ordered  to  be 
engrossed. 

Mr.  Price,  from  the  same  Committee,  to  which  was  referred  the 
resolution  of  inquiry  as  to  the  expediency  of  requiring  Recorders 
to  make  their  lists  of  transfers,  furnished  Assessors,  alphabetically 
and  by  townships,  reported  Senate  Bill  No.  46,  entitled,  “ A Bill 
to  amend  section  6,  of  chapter  118,  of  the  acts  of  1863,”  which  was 
read  the  first  time. 

Mr.  Maxwell,  from  the  Committee  on  Humane  and  Criminal 
Institutions,  (Mr.  Slack,  chairman,  being  absent),  reported  back 
House  Bill  No.  57,  entitled  “ A Bill  to  provide  a penitentiary  for 
the  State,”  recommending  the  following  amendment : Strike  out  of 
the  1st  line  of  the  4th  section  the  word  “fifteen,”  and  insert  in 
lieu  thereof,  the  word  “ fifty,  ” but 

On  motion  of  Mr.  Dix,  the  bill  was  laid  on  the  table. 

Mr.  Burley,  from  the  Committee  on  Internal  Improvements  and 
Navigation  reported  back  Senate.  Bill  No.  15,  entitled  “ A Bill  to 
incorporate  the  Wayne  county  Coal  and  Iron  Railway  Company,” 
recommending  its  passage,  with  the  following  amendments  : 

1.  Strike  out  ail  of  the  4th  section,  after  the  words  “navigation 
thereof,  ” in  the  13th  line  of  said  section. 

2.  Strike  out  the  5th  section,  and  insert  in  lieu  thereof : 5.  The 
President  and  Directors  of  said  Company  or  a majority  of  them 
shall  be,  and  they  are  hereby  authorized  to  make  and  execute  bonds 
or  certificates  of  indebtedness,  under  the  seal  of  said  company,  for 
such  sum  or  sums  and  payable  at  such  time  or  times,  and  to  sell 
and  dispose  of  the  same  on  such  terms,  as  to  the  said  President  and 
Directors  may  seem  proper,  provided,  that  nothing  herein  contained 
shall  be  taken  to  authorize  said  company  to  issue  anything  in  the 
nature  of  a bank  note,  or  other  paper  to  be  used  for  circulation  as 
a currency.” 

3.  Strike  out  the  words  “ one  hundred,  ” in  the  3rd  line,  6th 
section,  and  insert  in  lieu  thereof,  the  word  “fifty.” 

4.  Insert  between  the  words,  “ made  ” and  “ on  ” in  the  5th  line* 
8th  section,  the  word,  “made,”  and  between  the  words  “stock’’ 
and  “ and,  ” in  the  same  line  and  section,  the  words,  “ after  the 
date  of  said  assessment.” 

5.  To  insert  an  additional  section  as  follows:  “ 9.  And  the  said 


70 


Journal  of  the  Senate. 

railway  and  its  branches,  when  completed,  shall  be  a public  high- 
way for  the  conveyance  of  passengers,  and  the  transportation  of 
freight  of  every  description,  subject  to  the  provisions  of  chapter 
56,  57  and  61  of  the  code  of  Virginia,  second  edition,  where  the 
said  chapters  does  not  conflict  with  this  charter.” 

6.  Strike  out  the  word,  “ two”  in  the  3rd  line,  of  the  9th  section , 
and  insert,  “ one  the  word  “ four  ” in  4th  line,  and  insert  “ two 
and  the  word  “ ten,  ” in  the  5th  line,  and  insert,  the  word  “ six.” 

All  of  the  above  amendments  were  adopted. 

On  motion  of  Mr.  Wright,  the  words  “ M.  J.  Ferguson  ” were 
stricken  out  of  the  5th  line  of  the  1st  section. 

On  motion  of  Mr.  Stevenson,  (Mr.  Ohapline  in  the  chair)  the 
word,  “forty  ” in  the  10th  line  of  the  7th  section  was  stricken  out, 
and  the  word  “ sixty  ” inserted  in  lieu  thereof. 

The  bill,  as  amended,  was  then  read  the  second  time  and  order- 
ed to  be  engrossed. 

Mr.  Dix,  from  the  Committee  on  Education,  reported  Senate  Bill 
No.  47,  entitled,  “ A Bill  relating  to  the  schools  of  Wheeling,  and 
parts  of  townships  connected  therewith,  ” which  under  a suspension 
of  the  rules,  was  read  the  first  time  by  its  title,  and  ordered  to  its 
second  reading. 

Mr.  Chapline,  from  the  Committee  on  Banks  and  Corporations 
reported  back  Senate  Bill  No.  36,  entitled,  “ A Bill  to  encourage 
immigration  into  West  Virginia,  ” recommending  its  passage,  but 
on  motion  of  Mr.  Stevenson,  (Mr.  Chapline  in  the  chair)  it  was 
laid  on  the  table. 

Mr.  Mahon  presented  the  petition  of  citizens  of  Calhoun  county 
remonstrating  against  the  removal  of  the  county  seat  of  said  county , 
which  was  referred  to  the  Committee  on  Townships,  &c., 

Mr.  Burdett  offered  the  following  resolution,  which  was  adopted. 

Resolved,  That  the  Committee  on  “ Military  Affairs  ” be  instruct- 
ed to  inquire  into  the  expediency  of  providing  for  auditing  and 
paying  the  militia  for  services  rendered  the  United  States  during 
the  late  rebellion. 

House  Bill  No.  49,  entitled  “A  Bill  to  enable  the  council  of  the 
city  of  Parkersburg  to  change  the  name  of  the  streets  thereof,  ’’ 
was  read  the  third  time  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Idaymond,  Kitchen, 
Maxwell,  O’Brien,  Peck  and  Price — 16. 

Nays — None. 

House  Bill  No.  50,  entitled,  “ A Bill,  making  an  appropriation 
to  the  West  Virginia  Hospital  for  the  Insane,  ” was  read  the  third 
time  and  passed  with  its  title  : 


71 


Journal  of  the  Senate. 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Raymond,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price  and  Wright — 17. 

Nays — None. 

Senate  Bill  No.  1,  entitled,  “ A Bill  in  relation  to  the  oaths  of 
attorneys  at  law,”  coming  up  on  its  third  reading,  Mr.  Burdett^ 
moved  that  it  be  indefinitely  postponed,  the  Yeas  and  Nays  were 
called  for,  and  the  call  being  sustained  resulted  in  the  defeat  of  the 
motion  : 

Yeas — Messrs.  Burdett,  Haymond  and  O’Brien — 3. 

Nays — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Chap- 
line,  Corley,  Dix,  Hagar,  Hawkins,  Kitchen,  Mahon,  Maxwell,  Peck, 
Price  and  Wright — 14. 

Mr.  Haymond  moved  to  lay  the  bill  on  the  table,  which  motion 
was  lost. 

On  motion  of  Mr.  Maxwell,  the  Senate  took  a recess  until  21 
o’clock  P.  M., 

21  o’clock  P.  M. 

The  Senate  re-assembled. 

Senate  Bill  No.  29,  entitled,  “ A Bill  providing  for  the  issuing  of 
attachments  in  certain  cases,  ” came  up  on  its  third  reading,  but  on 
motion  of  Mr.  Maxwell  it  was  laid  on  the  table. 

Senate  Bill  No.  1,  pending  when  the  Senate  took  a recess,  coming 
up  again,  Mr.  Mahon  moved  to  lay  it  on  the  table,  which  motion 
being  lost,  it  was  read  the  third  time  and  passed  with  its  title. 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Chap- 
line,  Corley,  Dix,  Hagar,  Kitchen,  Mahon,  Maxwell,  Price  and 
Wright— 12. 

Nays — Messrs.  Burdett,  Haymond,  O’Brien  and  Peck — 4. 

Senate  Bill  No.  37,  entitled,  “ A Bill  to  authorize  suits  and 
proceedings,  which  might  under  existing  laws  be  brought  in  the 
county  of  Logan,  to  be  brought  and  prosecuted  in  the  county  of 
Boone,  ” was  read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Haymond,  Kitchen,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price  and  Wright — 16. 

Nays — None. 

On  motion  of  Mr.  Burley,  Senate  Joint  Resolution  No.  9,  was 
called  up. 

On  motion  of  Mr.  Burdett,  it  wTas  amended  by  striking  out  the 
words  “ one  dollar  and  seventy-five  cents,  ” and  inserting  in  lieu 
thereof,  the  words,  “two  dollars.” 

The  resolution,  as  amended,  was  then  adopted. 

The  Senate  then  adjourned. 


72 


Journal  of  the  Senate. 

MONDAY,  February  12,  1866. 

The  Senate  met  at  the  usual  hour,  and  after  prayer  by  Rev.  Mr. 
Barnitz,  the  journal  of  Saturday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates,  \ 
Wheeling,  February  10,  1866  J 

The  House  of  Delegates  has  this  day  passed,  and  respectfully 
requests  like  action  of  the  Senate,  on 

House  Bill  No.  61,  “ A Bill  constituting  a certain  part  of  the 
bank  of  the  Ohio  River  within  Jackson  county  a lawful  fence.  ” 

Wm.  P.  Hubbard, 

Clerk  Souse  oj  Delegates. 

Said  bill  was  read  the  first  time,  and  referred  to  the  Committee 
on  Townships,  &c. 

Mr.  Price,  from  the  Committee  on  Townships,  &c.,  reported  Sen- 
ate Bill  No.  48,  entitled  “ A Bill  permanently  locating  the  county 
seat  of  Jefferson  county  at  Shepherdstown,  ” which  was  read  the 
first  time,  and  its  printing  dispensed  with. 

Mr.  Peck,  by  leave,  introduced  Senate  Bill  No.  49,  entitled  “ A 
Bill  changing  the  time  of  holding  the  terms,  for  its  civil  business, 
of  the  Municipal  Court  of  Wheeling,  ” which  was  read  the  first 
time,  its  printing  dispensed  with,  and  referred  to  the  Committee  on 
the  Judiciary,  and  Senate  Bill  No.  50,  entitled  ‘‘  A Bill  for  the 
benefit  of  married  women  in  insuring  the  lives  of  their  husbands,  ” 
which  was  read  the  first  time  and  referred  to  the  same  Committee. 

Mr.  Haymond  presented  the  petitions  of  a large  number  of  per- 
sons resident  in  Barbour  county,  praying  that  the  laws  of  the  State 
be  so  modified  as  to  permit  every  citizen  of  the  State  to  have  equal 
rights  and  liberty,  which  were  referred  to  the  Committee  on  the 
Judiciary. 

Mr.  Dix,  from  the  Committee  on  Education,  reported  back,  with- 
out recommendation,  Senate  Bill  No.  28,  entitled  “ A Bill  for  the 
establishment  and  regulation  of  the  West  Virginia  Agricultural 
College,  ” The  bill  was  amended  on  motion  of  Mr.  Burdett,  by 
filling  the  blank  in  the  5th  line  of  the  second  section  with  the  word 
“ ten,  ” and  on  motion  of  Mr.  Price,  by  striking  out  of  the  2d  line 
of  the  9th  section  the  word  “annuities,’’  and  inserting  in  lieu 
thereof,  the  word  “ immunities,  ” read  the  second  time,  and  ordered 
to  be  engrossed. 

House  Bill  No.  51,  entitled  “ A Bill  to  legalize  marriages 
celebrated  during  the  rebellion,”  was  read  the  third  time,  and 
passed  with  its  title  : 


73 


■Journal  of  the  Senate. 

Yeas — Messrs.  Stevenson,  (President,)  Bardett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Haymond,  Kitchen,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price  and  Wright — 16. 

Nays — None. 

Senate  Bill  No.  15,  entitled  “ A Bill  to  incorporate  the  Wayne 
County  Coal  and  Iron  Railway  Company,  ” was  read  the  third  time, 
and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Haymond,  Kitchen,  Mahon, 
O’Brien,  Peck,  Price  and  Wright — 15. 

Nays — None. 

Senate  Bill  No.  2,  entitled  “ A Bill  to  prevent  and  punish  the 
forcible  or  unlawful  obstruction  of  public  justice,  was  read  the 
third  time,  and,  on  motion  of  Mr.  Peck,  laid  on  the  table  to  await 
the  return  of  absent  members. 

Senate  Bill  No.  30,  entitled  “A  Bill  to  alter  part  of  the  division 
line  between  the  counties  of  Upshur  and  Barbour,  ” was  read  the 
third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Haymond,  Kitchen,  Mahon, 
O’Brien,  Peck,  Price  and  Wright — 15. 

Nays — None. 

House  Joint  Resolution  No.  14,  “Agreeing  to  the  proposed 
amendment  to  the  State  Constitution,  ” was  read  the  third  time, 
and  on  motion  of  Mr.  Peck,  was  laid  on  the  table,  to  await  the 
return  of  absent  members. 

On  motion  of  Mr.  Chapline,  Senate  Bill  No.  39,'  entitled  “ A -Bill 
constituting  the  bank  of  certain  streams  in  Morgan  county  a law- 
ful fence,  ” having  been*  read  the  second  time,  was  laid  on  the  table. 

On  motion  of  Mr.  Chapline,  Senate  Bill  No.  36,  “ A Bill  to 
encourage  immigration  into  West  Virginia,  ” was  taken  up  and 
referred  to  the  Committee  on  the  Judiciary. 

On  motion  of  Mr.  Peck, 

Resolved,  That  the  Committee  on  Humane  and  Criminal  institu- 
tions inquire  into  the  expediency  of  making  simple  larceny  to 
extend  to  the  stealing  of  property  to  the  value  of  $50,  and 
report  by  bill  or  otherwise. 

On  motion  of  Mr.  Mahon, 

Resolved,  That  the  Committee  on  Finance  and  Claims  take  into 
consideration  the  propriety  of  allowing  Benjamin  Wright  two  hun- 
dred and  thirty  dollars  for  rent  and  damages  done  by  State  Guards 
to  store  house  occupied  by  them  as  barracks. 

The  Senate  then  adjourned. 


10 


74 


Journal  of  the  Senate . 

TUESDAY,  February  13,  1866. 

The  Seriate  assembled  at  10  o’clock,  A.  M.,  and  was  opened  with 
prayer  by  Rev.  Mr.  Barnitz,  after  which  the  journal  of  yesterday 
was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates,  \ 
Wheeling , leb.  12,  1866.  j 

The  House  has  this  day  passed  Senate  Bill  Ho.  11,  “ A Bill  to 
incorporate  the  Wheeling  Iron  Works  and  Glenn’s  Run  Turnpike 
Company.” 

Senate  Bill  No.  19,  “A  Bill  for  the  relief  of  .William  E.  Lyon.” 

Senate  Bill  No.  26,  “ A Bill  to  regulate  the  salary  of  the 
Reporter  of  the  Supreme  Court  of  Appeals.” 

Senate  Bill  No.  31,  “A  Bill  to  alter  the  terms  of  the  Circuit 
Courts  in  the  Ninth  Circuit,”  and 

Senate  Joint  Resolution  No.  9,  “ Relating  to  the  Reciprocity 
Treaty  with  England.” 

It  has  also  passed  Senate  Bill  No.  27,  “ A Bill  to  amend  section 
31,  of  chapter  118  of  the  acts  of  1863,”  with  an  amendment,  strik- 
ing out  of  line  19  the  word  “ credited  ” and  inserting  in  lieu  thereof 
the  word  “corrected,”  in  which  amendment  it  respectfully  asks 
concurrence. 

It  has  also  passed  and  respectfully  asks  the  concurrence  of  the 
Senate  in 

House  Bill  No.  48,  “A  Bill  to  authorize  the  city  council  of 
Parkersburg  to  change  the  location  of  one  of  its  streets.” 

House  Bill  No.  54,  “ A Bill  concerning  cases  transferred  from 
the  Supreme  Court  of  Appeals  and  District  Courts  of  Virginia,  to 
the  Supreme  Court  of  Appeals  of  West  Virginia.” 

House  Bill  No.  67,  “ A Bill  to  protect  literary  societies  and  other- 
meetings  convened  for  social  amusement.” 

House  Bill  No.  68,  “ A Bill  to  amend  and  re-enact  section  1 of 
chapter  34  of  the  acts  of  1864.” 

House  Bill  No.  69,  “ A Bill  to  change  the  number  of  Adelphi 
Lodge  of  the  Independent  Order  of  Odd  Fellows,  in  the  town  of 
Clarksburg.” 

House  Bill  No.  71,  “ A Bill  to  amend  the  21st  section  of  chapter 
131  of  the 'acts  of  1863,”  and 

House  Bill  No.  72,  “ A Bill  to  amend  and  re-enact  the  second 
section  of  an  act  concerning  licenses,  passed  November  28th,  1863.’ 

Wm.  P.  Hubbard, 

Clerk  House  of  Delegates. 

Said  House  Bills  were  read  the  first  time,  and  No.  48  was  referred 
to  the  Committee  on  Banks  and  Corporations  ; No.  71  to  the  Com- 
mittee on  Finance  and  Claims;  and  Nos.  54,  67,  68,  69,  and  72 
were  referred  to  the  Committee  on  the  Judiciary. 


75 


■ Journal  of  the  Senate. 

The  Seriate  concurred  in  the  amendment  proposed  by  the  House 
of  Delegates  to  Senate  Bill  No.  27,  entitled  “ A Bill  to  amend  sec- 
tion 34,  of  chapter  118,  of  the  acts  of  1863.” 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
back  Senate  Bill  No-  49,  entitled,  “A  Bill  changing  the  time  of 
holding  the  terms,  for  its  civil  business,  of  the  Municipal  Court  of 
Wheeling,”  and  Senate  Bill  No.  42,  “ A Bill  to  amend  section  12, 
of  chapter  80,  of  the  acts  of  1865,”  recommending  their  passage 
and  they  were  each  read  the  first  time,  and  ordered  to  be 
engrossed. 

Mr.  Maxwell,  from  the  same  Committee,  reported  Senate  Bill 
No.  51,  entitled,  “ A Bill  to  abolish  the  office  of  county  Treasurer,” 
which  was  read  the  first  time. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims  re- 
ported back  Senate  Bill  No.  34,  entitled,  “ A Bill  relieving  certain 
counties  from  taxes,  ” recommending  that  it  lie  on  the  table,  which 
was  adopted. 

Mr.  Burdett,  from  the  same  Committee,  reported  Senate  Bill  No. 
52,  “ A Bill  to  amend  and  re-enact  the  act  regulating  Allowances 
to  county  Officers,  ” which  was  read  the  first  time. 

Mr.  Burley,  from  the  Committee  on  Internal  Improvements  and 
Navigation,  reported  Senate  Bill  No.  53,  entitled,  “ A Bill  to 
relinquish  to  the  Maryland  and  Virginia  Bridge  Company  the  stock 
in  said  Company  belonging  to  the  State,  ” which  was  read  the  first 
time. 

Mr.  Duval,  by  leave,  introduced  Senate  Bill  No.  54,  entitled  “A 
Bill  for  the  relief  of  the  Overseers  of  the  Poor  for  the  county  of 
Brooke,”  which  was  read  the  first  time,  and  referred  to  the  Com- 
mittee on  Humane  and  Criminal  Institutions. 

Mr.  Chapline,  by  leave,  introduced  Senate  Bill  No.  55,  entitled 
“ A Bill  to  provide  counsel  for  the  Poor,  ” which  was  read  the  first 
time,  and  referred  to  the  Committee  on  the  Judiciary. 

Mr.  Price,  from  the  Committee  on  Townships,  reported  back 
House  Bill  No.  55,  entitled  “ A Bill  establishing  the  county  of 
Grant  out  of  a part  of  the  county  of  Hardy,  ” recommending  its 
passage  ; and  it  was  read  the  second  time,  and  ordered  to  its  third 
reading. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims, 
reported  back  Senate  Bill  No.  40,  entitled  “ A Bill  to  authorize 
Adam  Kuhn  and  others  to  sink  a coal  shaft  in  the  town  of  Wells- 
bnrg,  and  for  other  purposes,  ” recommending  its  passage. 


76 


Journal  of  the  Senate. 

The  bill  coming  up  on  its  second  reading,  Mr.  Burley  moved  to 
amend  it  so  as  to  require  the  parties  proposing  to  mine  the  coal 
mentioned  in  the  bill,  to  pay  to  the  State,  for  the  use  of  free  schools, 
three  cents  for  every  ton  of  coal  so  mined;  but  the  motion  was 
rejected. 

Mr.  Peck  moved  that  the  following  be  added  at  the  end  of  the 
bill,  which  was  agreed  to  : “ Provided  that  the  said  company  shall 

in  good  faith  commence  said  operations  within  two  years  and  pros- 
ecute the  same.  ” 

The  bill  was  then  read  the  second  time,  and  ordered  to  be 
engrossed. 

Mr.  Dix  moved  that  Senate  Bill  No.  28,  entitled  “ A Bill  for  the 
establishment  and  regulation  of  the  West  Virginia  Agricultural 
College”  be  laid  on  the  table;  and  upon  this  question  the  yeas  and 
nays  were  ordered  and  taken. 

The  Yeas  were — Messrs.  Chambers,  Dix,  Hagar,  Maxwell,  O’Brien 
and  Wright— 6. 

The  Nays  were — Messrs.  Stevenson,  (President,)  Burdett,  Bur- 
ley, Chapline,  Corley,  Duval,  PTaymond,  Hawkins,  Kitchen,  Mahon, 
Peck  and  Price — 12. 

Mr.  Mahon  moved  to  reconsider  the  vote  by  which  said  bill  was 
ordered  to  be  engrossed,  but  the  motion  was  decided  in  the 
negative. 

The  bill  was  then  read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson.  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price  and  Wright — 17. 

Nays — Mr.  Dix — 1. 

Mr.  Maxwell  stated  that  he  voted  “ yea,  ” with  the  understand- 
ing that  he  protested  against  what  he  conceived  to  be  the 
imperfections  and  irregularities  of  the  details  of  the  bill. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims, 
reported  back  House  Bill  No.  30,  entitled  “A  Bill  to  provide  for 
a re-assessment  of  the  value  of  all  the  real  estate  within  this  State,  ” 
recommending  its  passage  : and  pending  the  consideration  of  this 
bill, 

On  motion  of  Mr.  Chapline,  the  Senate  took  a recess  until  21 
o’clock,  P.  M. 

AFTERNOON  SESSION. 

The  Senate  re-assembled  at  21  o’clock,  (Mr.  Maxwell  in  the 
chair.) 

The  bill  pending  at  the  time  the  Senate  took  a recess,  was  laid  ou 
the  table,  on  motion  of  Mr.  Stevenson. 


77 


Journal  of  the  Senate. 

Senate  Bill  No.  43,  “ A Bill  better  to  provide  for  the  distribu- 
tion of  the  acts,  ” was  read  the  second  time,  and  ordered  to  be 
engrossed. 

Senate  Bill  No.  44,  entitled  “ A Bill  making  an  appropriation 
for  the  Antietam  National  Cemetery,  near  Sharpsburg,  Maryland,  ” 
was  read  the  second  time,  and  ordered  to  be  engrossed. 

Senate  Bill  No.  46,  entitled  “ A Bill  to  amend  the  6th  section  of 
chapter  118  of  the  acts  of  1863,  ” was  read  the  second  time,  and 
ordered  to  be  engrossed. 

Senate  Bill'  No.  48,  entitled  “ A Bill  permanently  locating  the 
county  seat  of  Jefferson  county  at  Shepherdstown,  ” was  read  the 
second  time,  and  ordered  to  be  engrossed. 

On  motion  of  Mr.  Peck,  the  case  being  urgent,  and  three-fourths 
of  the  members  consenting  thereto,  the  rule  was  suspended  for  the 
purpose,  and  Senate  Bill  No.  49,  entitled  “ A Bill  changing  the 
time  for  holding  the  terms,  for  its  civil  business,  of  the  Municipal 
Court  of  Wheeling,  ” the  same  having  been  engrossed,  was  read 
this  day  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  Maxwell,  O’Brien,  Peck,  Price  and  Wright — 18. 

Nays — None. 

On  motion  of  Mr.  Chapline,  Plouse  Joint  Resolution  No.  14, 
“ Agreeing  to  the  proposed  amendment  to  the  State  Constitution,  ” 
was  taken  from  the  table,  and  having  been  read  on  three  several 
days,  was  adopted  : 

Yeas — Messrs.-  Stevenson,  (President,)  Burley,  Chambers,  Chap- 
line, Corley,  Dix,  Duval,  Haymond,  Hawkins,  Kitchen,  Mahon, 
Maxwell,  Price  and  Wright — 14. 

Nays — Messrs.  Burdett,  Haymond,  O’Brien  and  Peck — 4.  •> 

The  Senate  then  adjourned. 


AVEDNESDAY,  February  14,  1866. 

The  Senate  met  at  the  usual  hour,  and  after  prayer  by  Rev.  Mr. 
Barnitz,  the  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  ol 
Delegates  : 

Clerk’s  Office,  House  of  Delegates,  \ 
Wheeling,  February  13,  1866.  J 

The  Plouse  has  this  day  passed  Senate  Bill  No.  32,  “ A Bill  to 
repeal  the  acts  giving  the  courts  of  Doddridge  and  Ritchie  jurisdic- 
tion in  cases  arising  in  Gilmer  or  Calhoun,  ” and  adopted  the  sub- 
stitute proposed  by  the  Senate  for  House  Bill  No.  37,  “ A Bill  to 


78 


Journal  of  the  Senate. 

refund  to  certain  counties  their  proportion  of  the  school  fund  ; ” it 
has  also  passed  and  respectfully  asks  the  concurrence  of  the 
Senate  in 

House  Bill  No.  33,  “A  Bill  for  the  relief  of  St.  Clair  Rains  of 
Kanawha  county.  ” 

House  Bill  No.  56,  ‘‘A  Bill  to  consolidate  the  towns  of  Mounds- 
ville  and  Elizabethtown.  ” 

House  Bill  No.  74,  “ A Bill  to  provide  for  obtaining  grants  for 
lands  where  the  entries  are  lost-  or  destroyed,  ” and 

House  Joint  Resolution  No.  16,  Providing  for  re-printing 
certain  acts.  ” 

Resolved  by  the  Legislature  of  West  Virginia  : 

1.  Fifteen  hundred  copies  each  of  the  ordinances  of  the  conven- 
tion which  assembled  at  Wheeling,  on  the  11th  of  June,  1861,  of 
the  acts  of  the  General  Assembly  of  Virginia,  passed  at  the  sessions 
commencing  July  1,  1861,  December  2,  1861,  May  6,  1862,  aud 
December  4,  1862,  with  the  Constitution  of  this-  State  and  the  acts 
of  the  Legislature  for  the  years  1863,  1864,  1865  and  1866,  shall  be 
printed  and  bound  in  one  volume  in  the  form  now  prescribed  by 
law  for  the  acts  of  each  session. 

2.  The  volumes  to  be  printed  and  bound  as  provided  in  the  fore- 
going section  shall  be  delivered  by  the  Public  Printer  to  the 
Secretary  of  the  State,  who  shall  dispose  of  the  same  as  provided 
in  section  11,  chapter  21,  acts  of  1865,  except  that  he  shall  deliver 
to  the  Clerk  of  the  Senate  22  copies,  one  for  his  own  use  and  the 
others  to  be  kept  in  his  office  for  the  use  of  the  Senate,  60  copies  to 
the  Clerk  of  the  House  of  Delegates,  one  for  his  own  use  and  the 
others  to  be  kept  in  his  office  for  the  use  of  the  House,  and  shall 
place  twelve  copies  in  the  Library  of  the  State,  and  five  copies  in 
the  Library  of  the  Supreme  Court  of  Appeals,  and  shall  offer  for 
sale  the  remainder  at  a price  to  be  fixed  by  him,  not  below  cost,  and 
pay  the  proceeds  of  all  sales  into  the  treasury. 

Wm.  P.  Hubbard, 

Clerk  House  of  Delegates. 

Said  House  Bill  No.  33  was  read  the  first  time,  and  referred  to 
the  Committee  on  Finance  and  Claims  ; No.  56,  to  the  Committee 
on  Townships;  and  No.  74,  to  the  Committee  on  the  Judiciary. 

On  motion  of  Mr.  Chapline,  the  said  House  Joint  Resolution  No. 
16,  “ Providing  for  re-printing  certain  acts,  ” was  referred  to  the 
Committee  on  the  Judiciary. 

Mr.  Maxwell,  from  the  Committee  on  the  .Judiciary,  reported 
back  the  following  bills,  recommending  their  passage  : 

House  Bill  No.  67,  entitled  “ A Bill  to  protect  literary  societies 
and  other  meetings  convened  for  social  amusement.  ” 

House  Bill  No.  69,  entitled  “ A Bill  to  change  the  number  of 
Adelphi  Lodge  of  the  Independent  Order  of  Odd  Fellows  in  the 
town  of  Clarksburg,  ” and 


•Journal  of  the  Senate . 79 

House  Bill  No.  68,  entitled  “A  Bill  to  amend  and  re-enact 
section  1 of  chapter  34  of  the  acts  of  1864.  ” 

The  two  bills  first  named  were  each  read  the  second  time,  and 
ordered  to  their  third  reading,  and  the  third  was  laid  on  the  table, 
on  motion  of  Mr.  Burley. 

Mr.  Maxwell,  from  the  same  Committee,  reported  Senate  Bill 
No.  56,  entitled  “ A Bill  in  relation  to  actions  of  detinue,  ” 
which  was  read  the  first  time. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims,  report- 
ed back  House  Bill  No.  71,  entitled  “ A Bill  to  amend  the  21st 
section  of  chapter  131  of  the  acts  of  1863,  ” recommending  its 
passage,  and  it  was  read  the  second  time,  and  ordered  to  its  third 
reading. 

Mr.  Burdett,  from  the  same  Committee,  reported*  adversely  upon 
the  claim  of  Pemberton  Cook,  returning  the  papers  connected  there- 
with, and  recommending  that  the  applicant  have  leave  to  withdraw 
them. 

Mr.  Burdett  made  a like  report  upon  the  claim  of  Benjamin 
Wright. 

Both  reports  were  adopted. 

Mr.  Chapline,  from  the  Committee  on  Banks  and  Corporations, 
reported  back  PJouse  Bill  No.  48,  entitled  “A  Bill  to  authorize  the 
city  council  of  Parkersburg  to  change  the  location  of  one  of  its 
streets,  ” recommending  its  passage  ; and  it  was  read  the  second 
time,  and  ordered  to  its  third  reading. 

Mr.  Kitchen,  by  leave,  introduced  Senate  Bill  No.  57,  entitled 
“ A Bill  to  legalize  the  poor  tax  levied  by  the  county  court  of 
Berkeley  county  in  the  year  1863,  ” which  was  read  the  first  time, 
and  referred  to  the  Committee  on  Finance  and  Claims,  and  its 
printing  dispensed  'with. 

Mr.  Kitchen,  by  leave,  introduced  Senate  Bill  No.  58,  entitled 
“ A Bill  for  the  protection  of  the  loyal  citizens  of  the  State  and 
for  the  repeal  of  certain  acts  therein’ named,  ” which  was  read  the 
first  time,  and  referred  to  the  Committee  on  the  Judiciary. 

Mr.  Burley,  from  the  Committee  on  Internal  Improvements  and 
Navigation,  reported  back  House  Bill  No.  11,  entitled  “ A Bill 
extending  the  charter  of  the  White  Sulphur  and  Sweet  Springs 
Turnpike  Road,”  recommending  its  passage  with  the  following 
amendment : 

Insert  between  the  word  “ for  ” and  the  word  “ ten,  ” the  words 
“ the  additional  period  of,  ” and  add  at  the  end  of  the  first  section 
the  following : “ from  and  after  the  termination  of  the  fifteen  years 
extended  for  the  benefit  of  William  A.  Mastin,  by  an  act  passed 
March  9,  1843,  ” entitled  * An  act  authorizing  the  reconstruction 
of  Sweet  Spring  and  White  Sulphur  Spring  Turnpike  Road.  ' ” 


80  Journal  of  the  Senate . 

The  amendment  was  adopted  and  the  bill  ordered  to  its  third 
reading. 

House  Bill  No.  55,  entitled  “ A Bill  establishing  the  county  of 
Grant  out  of  a part  of  the  county  of  Hardy,  ” was  read  the  third 
time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Kitchen, 
Mahon,  O’Brien,  Peck,  Price  and  Wright — 16. 

Nays — Mr.  Haymond — 1. 

Senate  Bill  No.  40,  entitled  “ A Bill  to  authorize  Adam  Kuhn 
and  others  to  sink  a coal  shaft  in  the  town  of  Wellsburg,  and  for 
other  purposes,  ” was  read  the  third  time,  and  passed  with  its 
title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  O’Brien,  Peck,  Price  and  Wright — 17. 

Nays — None.  „ . 

Senate  Bill  No.  42,  entitled  “ A Bill  to  amend  section  12  of 
chapter  80  of  the  acts  of  1865,  ” was  read  the  third  time,  and 
passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  O’Brien,  Peck,  Price  and  Wright — 17. 

Nays — None. 

Senate  Bill  No.  43,  entitled  i;  A Bill  better  to  provide  for  the 
distribution  of  the  acts,  ” was  read  the  third  time,  and  passed  with 
its  title: 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  O’Brien,  Peck,  Price  and  Wright — 17. 

Nays — Hone. 

Senate  Bill  No.  44,  entitled- “A  Bill  making  an  appropriation 
for  the  Antietam  National  Cemetery,  near  Skarpsburg,  Maryland,  ” 
was  read  the  third  time,  and  passed  with  its  title : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  O’Brien,  Peck,  Price  and  Wright — 17. 

Nays — None. 

Senate  Bill  No.  46,  entitled  “ A Bill  to  amend  the  6th  section  of 
chapter  118  of  the  acts  of  1863,  ” was  read  the  third  time,  and 
passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  O’Brien,  Peck,  Price  and  Wright — 17. 

Nays — None. 


81 


Journal  of  the  Senate. 

Senate  Bill  No.  48,  entitled,  “ A Bill  permanently  locating  the 
county  seat  of  Jefferson  county  at  Shepherdstown,  ” was  read  the 
third  time  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Chap- 
line,  Corley,  Dix,  Duval,  Hagar,  Plawkins,  Kitchen,  Mahon,  O’Brien, 
Peck,  Price,  and  Wright — 15. 

Nays — Messrs.  Burdett  and  Ilaymond — 2. 

On  motion  of  Mr.  Chapline,  the  Senate  took  up  Senate  Bill  No. 
2,  entitled  “ A Bill  to  punish  the  forcible  or  unlawful  obstruction 
of  public  justice,  ” and  the  same,  having  been  read  the  third  time, 
was,  by  general  consent,  on  motion  of  Mr.  Chapline,  amended  by 
striking  out  of  the  bill,  wherever  it  occurs,  the  word  “law,  ” and 
inserting  in  lieu  thereof,  the  word  “ act,  ” and  passed  with  its 
title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Chap- 
line, Corley,  Dix,  Hagar,  Hawkins,  Kitchen,  Mahon,  O’Brien,  Peck, 
Price  and  Wright — 14. 

Nays — Messrs.  Burdett  and  Haymond — 2. 

On  motion  of  Mr.  Kitchen,  Senate  Bill  No.  39,  entitled  “ A Bill 
constituting  the  bank  of  certain  streams  in  Morgan  county  a law- 
ful fence,  ” was  read  the  second  time,  and  ordered  to  be  engrossed. 

A message  from  the  House  of  Delegates,  by  Mr.  Koonce, 
announced  that  that  body  had  passed  Senate  Bill  No.  1,  entitled 
“ A Bill  in  relation  to  the  oaths  of  Attorneys  at  Law,  ” with  the 
following  amendments,  in  which  it  asks  concurrence: 

1.  In  line  2,  after  “court,”  insert  “ or  before  any  justice  or 
board  of  supervisors.  ” 

2.  Strike  out  all  after  the  semi-colon,  in  line  22,  to  the  semi-colon 
in  line  31. 

The  amendments  were  agreed  to. 

Mr.  Chapline,  by  leave,  introduced  Senate  Bill  No.  59,  entitled 
“ A Bill  to  amend  the  license  law,  ” which  was  read  the  first  time, 
and  referred  to  the  Committee  on  the  Judiciary. 

On  motion  of  Mr.  Burley,  House. Bill  No.  57,  entitled  “A  Bill 
to  provide  a penitentiary  for  the  State,  ” on  its  second  reading,  was 
taken  from  the  table. 

The  amendment  proposed  by  the  Committee,  to  strike  out  of  the 
1st  line  of  the  4th  section  the  word  “ fifteen,  ” and  inserting  in  lieu 
thereof,  the  word  “ fifty,  ” was  agreed  to. 

On  motion  of  Mr.  Maxwell,  the  bill  was  further  amended  by 
inserting  after  the  word  “ board  ” in  the  1st  line  of  the  2d  section 
the  words  “ shall  appoint  a board  of  directors  consisting  of  five 


11 


82 


Journal  of  the  Senate. 

persons  who;”  after  the  word  “board”  in  the  7th  line  of  the 
same  section,  the  words  “of  directors;”  and  at  the  end  of  the 
11th  line  of  the  same  section,  the  words  “ of  directors.  ” 

Mr.  Peck  moved  farther  to  amend  the  said  bill  by  striking  out  of 
the  3d  line  of  the  1st  section  the  word  “ Moundsville,  ” and  insert- 
ing “ Wheeling,  ” and  out  of  the  same  section,  the  word  “ Marshall  ” 
and  inserting  “ Ohio. 

Pending  which, 

On  motion  of  Mr.  Hagar,  the  Senate  took  a recess  until  2£ 
o’clock,  P.  M. 

AFTERNOON  SESSION. 

The  Senate  re-assembled. 

.Upon  the  question  pending  at  the  hour  of  recess,  the  yeas  and 
nays  were  demanded,  and  the  demand  being  sustained,  Mr.  Max- 
well called  lor  a division  of  the  motion,  and  the  question  being 
first  taken  on  striking  out,  it  was  decided  in  the  negative : 

Yeas — Messrs.  Stevenson,  (President,)  Chambers,  Hagar  and 
Mahon — 4. 

Nays — Messrs.  Burley,  Burdett,  Chaplin e,  Corley,  Dix,  Hawkins, 
Haymond,  Kitchen,  Maxwell,  O’Brien,  Peck,  Price  and  Wright — 13. 

On  motion  of  Mr.  Maxwell,  the  bill  was  tabled. 

The  Senate  then  adjourned. 


THURSDAY,  February  15,  1866. 

The  Senate  was  opened  with  prayer  by  Rev.  J.  B.  Uber. 

The  journal  of  yesterday  w^as  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates,  1 

February  14,  1866.  „ J 

The  House  of  Delegates  has  this  day  passed  Senate  Bill  No.  8, 
“A  Bill  amending  section  94,  chapter  118  of  the  acts  of  1863,” 
and  passed  and  asks  concurrence  in  House  Bill  No.  32,  “ A Bill 
making  an  appropriation  to  Robertson  Cook.  ” 

Wm.  P.  Hubbard, 

Clerk  House  of  Delegates . 

The  said  House  Bill  was  read  the  first  time,  and  referred  to  the 
Committee  on  Finance  and  Claims. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
back  House  Bill  No.  72,  entitled  “ A Bill  to  amend  and  re-enact 
the  second  section  of  an  act  concerning  licenses,  passed  November 
28,  1863,  ” recommending  its  passage,  with  an  amendment,  insert- 
ing in  the  2d  line  of  the  proposed  section,  after  the  word  “ house," 
the  words  “ or  boarding  house.  ” 


Journal  of  the  Senate . 83 

The  said  amendment  was  adopted,  and  the  bill  was  read  the 
second  time,  and  ordered  to  bp  read  the  third  time. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims, 
reported  a substitute  for  House  Bill  No.  59,  entitled  “ A Bill  to 
prevent  further  taxation  of  soldiers’  property  for  bounty  purposes.  ” 

The  substitute  was  adopted,  the  bill  read  the  second  time,  and 
ordered  to  its  third  reading. 

Mr.  Burdett,  from  the  Committee  on  Privileges  and  Elections, 
reported  back  the  resolution  declaring  the  seat  in  this  body  to 
which  Henry  M.  Mathews  was  elected,  vacant,  recommending  its 
adoption,  and  also  the  adoption  of  the  following  resolution  : 

Resolved , That  the  President  of  the  Senate  proceed  to  issue  a 
writ  of  election,  to  fill  such  vacancy,  which  election  shall  be  held 
on  the  4th  Thursday  of  April,  1866. 

The  resolution  declaring  the  said  seat  vacant,  was  adopted. 

Mr.  .Chapline  moved  that  the  resolution  providing  for  an  election 
to  fill  the  vacancy,  be  amended  by  striking  out  the  word  “ April  ” 
and  inserting  the  word  “ October  ” in  lieu  thereof,  pending  which, 
the  resolution  was  tabled. 

Mr.  Price,  from  the  Committee  on ' Townships,  reported  back 
House  Bill  No.  61,  entitled  “ A Bill  constituting  a certain  part  of 
the  bank  of  the  Ohio  River  within  Jackson  county  a lawful  fence,  ” 
recommending  its  passage ; and  it  was  read  the  second  time,  and 
ordered  to  its  third  reading. 

Mr.  Kitchen,  by  leave,  introduced  Senate  Bill  No.  60,  entitled 
“ A Bill  amending  the  charter  of  the  town  of  Martinsburg,  ” which 
was  read  the  first  time,  and  on  motion  of  Mr.  Kitchen,  the  case 
being  urgent,  and  three-fourths  of  the  members  present  consenting 
thereto,  the  rule  was  suspended  for  the  purpose,  and  said  bill  read 
the  second  time  this  day,  and  ordered  to  be  engrossed. 

Mr.  Dix,  by  leave,  introduced  Senate  Bill  No.  61,  entitled  “A 
Bill  allowing  the  Boards  of  Supervisors  of  the  counties  of  this 
State  to  subscribe  stock  to  any  railroad  company,  ” which  was  read 
the  first  time,  and  referred  to  the  Committee  on  Townships. 

Mr.  Chapline  presented  the  petition  of  citizens  of  Wheeling 
praying  for  a reduction  of  the  license' on  Billiard  Saloons,”  which 
was  referred  to  the  Committee  on  Finance  and  Claims. 

On  motion  of  Mr.  Chapline, 

Resolved , That  the  Committee  on  Internal  Improvements  and 
Navigation  be  requested  to  inquire  into  the  expediency  of  appro- 
priating by  the  State  the  sum  of  eight  hundred  dollars,  to  be  used 
in  re-building  the  bridge  across  the  Lost  River  on  the  Hardy  and 
Winchester  Turnpike. 


84 


Journal  of  the  Senate. 

Senate  Bill  No.  39,  entitled  “ A Bill  constituting  the  bank  of 
certain  streams  in  Morgan  county  a lawful  fence,  ” was  read  the 
third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Price  and  Wright — 15. 

Nays — Mr.  Haymond — 1. 

House  Bill  No.  11,  entitled  “ A Bill  extending  the  charter  of 
the  White  Sulphur  and  Sweet  Springs  Turnpike  Road,  ” was  read 
the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price  and  Wright — 17. 

Nays — None. 

House  Bill  No.  48  entitled  “ A Bill  to  authorize  the  city  council 
of  Parkersburg  to  change  the  location  of  one  of  its  streets,  ” was 
read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  MaxwTell,  O’Brien,  Peck,  Price  and  Wright — 17. 

Nays — None. 

House  Bill  No.  67,  entitled  “ A Bill  to  protect  literary  societies 
and  other  meetings  convened  for  social  amusement,  ” was  read  the 
third  time,  and  passed  with  its  title : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price  and  Wright — 17. 

Nays — None. 

House  Bill  No.  69,  entitled  “ A Bill  to  change  the  number  of 
Adelphi  Lodge  of  the  Independent  Order  of  Odd  Fellows  in  the 
town  of  Clarksburg,  ” was  read  the  third  time,  and  passed  with  its 
title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price  and  Wright — 17. 

Nays — None. 

House  Bill  No.  71,  entitled  “ A Bill  to  amend  the  21st  section  of 
chapter  131  of  the  acts  of  1863,  ” was  read  the  third  time,  and 
passed  wTith  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck,  Price  and  Wright — 16. 

Nays — Mr.  Maxwell — 1. 

Senate  Bill  No.  57,  entitled  “A  Bill  to  legalize  tho  poor  tax 
levied  by  the  county  courts  of  Berkeley  county  in  the  year  1863,  ” 
was  read  the  second  time,  and  ordered  to  be  engrossed. 


85 


Journal  of  the  Senate. 

Mr.  Burley  moved  that  the  Senate  take  up  House  Bill  No.  57, 
entitled  “ A Bill  to  provide  a Penitentiary  for  the  State,  ” and  the 
motion  was  agreed  to. 

Mr.  Maxwell  offered  the  following  amendments  to  the  bill,  which 
were  adopted  : 

1.  Insert  after  the  word  “ board  ” in  line  1,  section  2,  the  words 
“ of  public  works.  ” 

2.  Insert  after  the  word  “ persons,  ” in  the  amendment  offered 
by  Mr.  Maxwell  yesterday,  the  -words  “a  majority  of  whom  shall 
be  a quorum. 

3.  Insert  after  the  word  “ board  ” in  line  1,  section  3,  the  -words 
“ of  nublic  works.  ” 

x 

4.  Add  at  the  end  of  the  3d  section,  the  words  “and  the  said 
board  of  directors  shall  before  the  meeting  of  the  next  legislature, 
make  a full  report  of  its  proceedings  up  to  the  first  day  of  January 
next,  to  the  Governor,  to  be  laid  before  the  next  legislature.  ” 

5.  Insert  the  following  as  section  4,  and  change  the  number  of 
the  present  section  4 to  section  5 : 

“ 4.  The  directors  shall  receive  each  the  sum  of  three  dollars 
per  day,  and  their  necessary  traveling  expenses,  for  every  day 
necessarily  spent  by  them  on  the  board  of  directors.  ” 

6.  Add  at  the  end  of  the  bill  the  words  “ of  directors.  ” 

The  bill  was  read  the  second  time,  aftd  ordered  to  be  engrossed. 

Mr.  Corley  moved  that  the  Senate  take  up  House  Bill  No.  42, 
entitled  “ A Bill  to  establish  a permanent  seat  of  government  for 
the  State  of  West  Virginia,  ” but  the  motion  was  disagreed  to. 

The  Senate  then  adjourned. 


FRIDAY,  February  16th,  1866. 

The  Senate  met  at  the  usual  hour,  and  was  opened  with  prayer 
by  Rev.  W.  R.  White. 

The  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  fsom  the  House  of 
Delegates : , 

Clerk’s  Office,  House  of  Delegates.  ] 
February  15,  1866.  / 

The  House  of  Delegates  has  this  day  passed  Senate  Bill  No.  10, 
“ A Bill  securing  liens  to  Mechanics,  Laborers  and  others,  ” and 
Senate  Bill  No.  48,  “ A Bill  permanently  locating  the  county  seat 
of  Jefferson  county  at  Shepherdstown.” 

It  has  also  passed  and  respectfully  asks  the  concurrence  of  the 
Senate  in  House  Bill  No.  77,  “ A Bill  to  repeal  chapter  eight  of. 
the  acts  of  1865,  ’’  and  House  Bill  No.  79,  “ A Bill  to  charter  a 
road  in  Gilmer,  Ritchie  and  Tyler  counties.” 

Wm.  P.  Hubbard, 

Clerk  House  of  Delegates. 


86 


Journal  of  the  Senate. 

The  said  House  Bills  were  each  read  the  first  time,  and  No.  77, 
referred  to  the  Committee  on  the  Judiciary,  and  No.  70,  to  the 
Committee  on  Internal  Improvements  and  Navigation. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
back  House  Bill  No.  44,  entitled  “ A Bill  to  repeal  section  22  and 
28,  of  chapter  163,  of  the  co'de  of  Virginia,  second  edition,  ” recom- 
mending its  passage  ; and  it  was  read  the  second  time  and  ordered 
to  its  third  reading. 

Mr.  Burley,  from  the  Committee  on  Internal  Improvements  and 
Navigation,  reported  back  House  Bill  No.  29,  entitled  “A  Bill  to 
construct  a Mill  Dam  across  Elk  river  at  Sutton,  Braxton  county, 
and  Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims, 
reported  back  House  Bill  No.  33,  entitled  “ A Bill  for  the  relief  of 
St.  Clair  Rains,  of  Kanawha  county,  ” recommending  their  passage; 
and  they  were  each  read  the  second  time,  and  ordered  to  their 
third  reading. 

Mr.  Burdett,  by  leave,  introduced  Senate  Bill  No,  62,  entitled 
“ A Bill  to  repeal  the  act  to  prevent  the  prosecution  of  suits  and 
the  suing  out  of  process  by  persons  engaged  in  the  rebellion,  ” 
which  was  read  the  first  time,  and  referred  to  the  Committee  on  the 
Judiciary. 

Senate  Bill  No.  57,  entitled  “ A Bill  to  legalize  the  poor  tax 
levied  by  the  county  court  of  Berkeley  county,  in  the  year  1863,  ’’ 
was  read  the  third  time  and  passed  with  its  title : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  Maxwell, 'O’Brien,  Peck,  Price  and  Wright — 18. 

Nays — None. 

Senate  Bill  No.  60,  entitled  “ A Bill  amending  the  charter  of 
-the  town  of  Martinsburg,  ” was  read  the  third  time,  and  passed 
with  its  title : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  Maxwell,  O’Brien,  Price,  Slack  and  Wright — IS. 

Nays — None. 

House  Bill  No.  61,  entitled  “ A Bill  constituting  a certain  part 
of  the  bank  of  the  Ohio  river,  within  Jackson  county,  a lawful 
fence,  ” was  read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  Maxwell,  O’Brien,  Price,  Slack  and  Wright — 18. 

Nays — None. 

House  Bill  No.  57,  entitled  " A Bill  to  provide  a Penitentiary 
for  the  State,  ” was  read  the  third  time,  and  passed  with  its  title  : 


87 


Journal  of  the  Senate. 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  ILaymond, 
Kitchen,  Mahon,  Maxwell,  O’Brien,  Peck,  Price,  Slack  and 
Wright— 19. 

Nays — None. 

House  Bill  No.  72,  entitled  “ A Bill  to  amend  and  re-enact  the 
2nd  section  of  an  act  concerning  Licenses,  passed  November  28th, 
1863,”  was  read  the  third  time,  and  rejected  : 

Yeas — Messrs.  Stevenson,  (President,) — 1. 

Nays — Messrs.  Burdett,  Burley,  Chambers,  Chapline,  Corley, 
Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen,  Mahon,  Max- 
well, O’Brien,  Price,  Slack  and  Wright — 17. 

On  motion  of  Mr.  Burdett,  House  Bill  No.  59,  entitled  “ A Bill 
to  prevent  further^  taxation  of  soldiers’  property  for  bounty  pur- 
poses,” was  laid  on  the  table. 

On  motion  of  Mr.  Mahon,  Senate  Bill  No.  51,  entitled  “ A Bill 
to  abolish  the  office  of  county  Treasurer,  ” was  laid  on  the  table. 

Senate  Bill  No.  52,  entitled  “ A Bill  to  amend  and  re-enact  the 
act  regulating  allowances  to  county  officers,  ” was  amended,  on 
motion  of  Mr.  Maxwell,  by  inserting  after  the  word  “ dollars,  ” in 
the  18th  line,  the  words  “ recorder’s  not  less  than  twenty-five  or 
more  than  one  hundred  dollars,  ” and  by  adding  the  following 
additional  section  : 

“2.  The  act  passed  March  3,  1864,  entitled  ‘ An  Act  to  regulate 
allowances  to  Recorders,’  is  hereby  repealed.” 

The  bill  was  then  read  the  second  time,  and  ordered  to  be 
engrossed. 

Senate  Bill  No.  53,  entitled  “ A Bill  to  relinquish  to  the 
Maryland  and  Virginia  Bridge  Company,  the  stock  in  said  Company 
belonging  to  the  State,  ” was  read  the  second  time,  and  ordered  to 
be  engrossed. 

Senate  Bill  No.  56,  entitled  “ A Bill  in  relation  to  actions  of 
detinue,”  was  read  the  second  time,  and  ordered  to  be  engrossed. 

The  following  message  was  received  from  the  Governor,  which 
was  read  and  referred  to  the  Commtittee  on  Humane  and  Criminal 
Institutions  : 

STATE  OF  WEST  VIRGINIA, 

Executive  Department, 

Wheelinq , Feb.  16,  1866. 

To  the  Senate  and  House  of  Delegates: 

As  authorized  by  a resolution  of  the  Legislature,  adopted  Jan- 
uary 22,  1866,  I appointed  M.  J.  Amiss,  Esq.,  of  Wood  county,  an 
agent,  for  the  purpose  indicated  in  the  resolution,  who  proceeded 
to  the  Lunatic  Asylums,  at  Williamsburg  and  Staunton,  Virginia, 
and  having  executed  the  commission  confided  to  him,  has  returned 
and  made  a report  in  writing,  which  is  herewith  communicated. 


88 


Journal  of  the  Senate. 

From  this  report  it  will  be  seen  that  there  are  thirteen  (13) 
patients  in  the  Asylum  at  Williamsburg,  who  were  sent  there  from 
counties  now  within  this  State ; and  that  there  are  ninety-three 
(93)  patients  in  the  Asylum  at  Staunton,  who  were  sent  there  from 
counties  now  within  this  State.  Three  of  the  latter  appear  to  have 
estates  out  of  which,  or  friends  by  whom,  they  have  been  supported. 

An  exhibit  accompanying  the  report  gives  the  names  of  the  par- 
ties now  at  Williamsburg;  the  date  of  their  admission,  and  the 
counties  they  are  respectively  from.  There  is  also,  with  the  report 
a list  of  the  patients  who  now  are,  or  have  been,  at  the  Asylum  at 
Staunton,  since  September  30,  1860,  which  gives  the  date  of  their 
admission,  and  of  the  discharges  and  deaths,  and  the  counties  from 
which  they  were  respectively  received. 

It  occurred  to  me,  in  preparing  the  letter  of  instruction  for  Mr. 
Amiss,  that  the  Legislature  might  think  proper  at  this  session  to 
make  provision  for  paying  for  the  support  of  the  patients  from  the 
end  of  the  war,  and  with  that  view,  I directed  him  to  ascertain 
what  was  claimed  for  such  support  from  May  1,  1865,  to  the  begin- 
ning of  the  fiscal  year.  This  he  has  reported.  But  on  further 
reflection  it  seems  to  me  that  it  would  be  advisable  for  this  Legisla- 
ture to  confine  its  appropriation  for  the  support  of  these  patients  to 
the  current  fiscal  year,  leaving  the  claim  for  previous  support,  as  a 
part  of  the  contemplated  settlement  between  the  two  States. 

It  will  also  be  seen  that  the  Superintendent  of  the  Asylum  at 
Williamsburg  informed  the  agent  that  the  charge  for  the  support  of 
the  patients  at  that  institution  would  be  seven  dollars  ($7)  per 
week  each  until  they  were  removed  ; and  that  the  Board  of  Direc- 
tors of  the  Asylum  at  Staunton  have  proposed  to  accommodate  the 
patients  at  that  institution  for  the  present  year  at  the  average  cost 
to  them,  which  it  appears  is  two  hundred  and  four  dollars  ($204) 
per  annum  for  each  patient.  I therefore  recommend  that  you  make 
the  necessary  appropriation  to  pay  for  the  support  of  these  insane 
persons  for  the  current  year. 

In  laying  the  report  of  the  agent  before  you,  I deem  it  my  duty 
to  call  your  attention  to  the  orders  of  the  Board  of  Directors  of 
the  Asylum  at  Staunton,  accompanying  his  report,  and  especially 
to  the  latter  part  of  the  last  order  of  the  series,  in  which  it  will  be 
seen  the  directors  express  the  “ hope  that  the  Gfoverninent  of  West 
Virginia  will  use  all  practicable  diligence  to  have  these  patients 
from  that  State  removed  at  as  early  a day  as  possible,  as  the  room 
now  occupied  by  them  is  greatly  needed  for  patients  from  the  State 
of  Virginia.  ” It  will  thus  be  seen  that  it  is  expected  that  these 
unfortunate  citizens  of  our  State  will  not  be  allowed  to  remain  in 
that  institution,  but  will  be  provided  for  elsewhere  at  the  earliest 
possible  period.  This  can  only  be  done  by  the  speedy  completion 
of  our  own  Hospital ; and  I feel  that  I would  be  omitting  my  duty 
if  I were  to  let  this  occasion  pass  without  again  urging  upon  the 
Legislature  the  making  of  a liberal  appropriation  for  this  purpose. 
Shall  we,  while  assuming  the  character  of  a State,  continue  to  be 
dependent  upon  a neighboring  State  for  the  accommodation  of  this 
class  of  our  citizens,  when  we  are  informed  that  this  accommodation 
by  that  State  is  to  the  exclusion  of  its  own  afflicted  people  from 
the  benefits  of  the  institution  referred  to,  and  when  we  have  the 


89 


Journal  of  the  Senate. 

means  at  our  command  to  speedily  provide  for  them  within  our  own 
State.  While  I do  not  suggest  the  precise  sum  that  should  be 
appropriated  for  this  purpose,  I trust  that  it  will  be  the  pleasure  of 
the  Legislature  to  make  it  commensurate  with  the  imperative 
necessities  of  the  case. 

A.  I.  Boreman. 


Wheeling,  West  Virginia,  \ 
February  12,  1866.  J 

To  A.  I.  Boreman, 

Governor  of  West  Virginia : 

Sir  : — In  compliance  with  the  accompanying  order  of  my  appoint- 
ment, and  resolution  of  the  Legislature  of  West  Virginia,  adopted 
on  the  22d  day  of  January,  1866,  I visited  the  Eastern  Lunatic 
Asylum  at  Williamsburg,  Va.,  and  the  Western  Lunatic  Asylum  at 
Staunton,  Va.,  and  in  pursuance  of  said  order,  make  my  report  to 
you  : 

jfiirst,  I herewith  present  a written  statement  of  Dr.  Leonard 
Henley,  Superintendent  and  Physician  of  the  Eastern  Lunatic 
Asylum,  showing  the  number  of  patients  now  in  said  asylum  to  be 
thirteen  (13),  chargeable  to  the  State  of  West  Virginia,  and  they 
claim  for  their  support,  from  May  1st,  1865,  to  January  1st,  1866, 
the  sum  of  three  thousand  two  hundred  and  fixteen  dollars  and 
twenty-nine  cents  ($3215  j” ,)  and  charge  $7  per  week  for  each 
patient  until  removed. 

I further  report,  that  the  superintendent  at  this  asylum  afforded 
me  every  facility  in  his  power  to  obtain  the  information  required, 
and  I believe  the  statement  furnished  by  him  contains  the  facts. 

I was  conducted  through  the  asylum,  and  found  it  cleanly  and 
as  comfortable  as  it  could  be  under  the  circumstances.  They  are, 
however,  deprived  of  many  of  the  conveniences  and  comforts  here- 
tofore enjoyed.  Their  gas  and  water  works  are  unfit  for  use.  They 
are  compelled  to  use  wood  in  stoves  to  heat  the  apartments,  and 
candles  for  lights,  &c. 

Second , I herewith  present  the  resolutions  of  the  Board  of  Direc- 
tors of  the  Western  Lunatic  Asylum,  and  the  statement  of  Dr. 
Francis  T.  Stubbing,  Physician  and  Superintendent,  made  in  pur- 
suance of  said  resolutions. 

From  said  statement,  I ascertain  that  there  are,  at  this  time,  in 
the  Western  Lunatic  Asylum  from  the  counties  of  West  Virginia 
ninety-three  (93)  patients.  Three  of  them  have  heretofore  paid  for 
their  own  support,  which  leaves  ninety  (90)  chargeable  to  the  State 
at  the  sum  of  $204  per  annum  for  each  one. 

The  resolutions  of  said  Board  seem  to  claim  that  the  State  of 
West  Virginia  should  be  held  accountable  for  the  support  of  her 
patients  in  said  asylum  from  September  30,  1860,  and  with  that 
view  the  statement  furnished  by  the  Superintendent  embraced  that 
period  up  to  the  present  time  ! 

Not  being  satisfied  that  the  State  of  West  Virginia  should  pay 
for  the  whole  time  from  September  30th,  1860,  up  to  January  1st, 
12 


90 


Journal  of  the  Senate. 

1866,  without  any  credit,  I have  made  no  estimate,  but  must  sub- 
mit the  fixing  of  the  time  and  basis  of  settlement  to  your  honor 
and  the  State  authority.  I have,  however,  from  said  statement 
ascertained  the  cost  of  supporting  the  said  patients  from  May  1st, 
1865,  up  to  January  1st,  1866,  to  be  $12,451  f050,  and  to  support  the 
patients  now*  in  said  asylum  for  one  vear  from  January  1st,  1866, 
$18,360. 

From  the  foregoing  it  will  be  seen  that  there  are  now 


in  the  Eastern  Lunatic  Asylum 13  patients. 

In  the  Western  Asylum 93 

Total 106  patients, 


For  which  provision  should  be  made  as  soon  as  possible  in  our  own 
State  Asylum,  because  of  the  heavy  expense  of  supporting  them 
outside  of  our  own  State ; and  further,  we  may  be  required  to 
remove  them,  and  if  so  required  'to  remove  them,  without  having 
provided  a suitable  place  or  apartments  in  our  own  asylum,  the 
expense  and  trouble  will  be  greatly  increased. 

All  of  which  is  respectfully  submitted, 

M.  P.  Amiss,  Agent. 


The  State  of  West  Virginia,  ] 
Executive  Department,  l 
Wheeling,  Jan’y  25,  1866.  j 

M.  P.  Amiss, 

Parkersburg , West  Va  : 

Sir: — You  are  appointed  in  pursuance  of  the  enclosed  resolu- 
tion, adopted  by  the  Legislature  on  the  22d  of  January,  1866,  to 
proceed  to  Williamsburg,  and  Staunton,  Virginia,  and  ascertain  the 
number  of  insane  persons  in  the  asylums  at  each  of  those  places 
who  were  sent  from  within  this  State — what  counties  they  are 
from,  respectively — their  names — and  whether  they  are  such  as  are 
supported  from  their  own  estates,  or  their  friends,  or  entitled  to 
be  supported  by  the  State. 

You  will,  also,  ascertain  what  sum  is  claimed  for  the  support  of 
these  patients  at  those  institutions  ; and  especially  and  separately 
ascertain  the  amount  claimed  for  their  support  from  the  1st  day  of 
May  last  (that  being  a few  days  after  the  surrender  of  the  rebel 
armies,)  until  the  1st  day  of  January,  1866.  And  will  further 
ascertain  on  what  terms  and  at  what  cost  they  will  be  supported 
for  the  current  year,  beginning  January  1st,  1866. 

After  you  have  ascertained  these  facts,  and  such  others  as  you 
may  deem  pertinent  in  regard  to  this  matter,  you  will  please  return 
and  report  to  me,  as  required  by  the  enclosed  resolution. 

Very  Respectfully, 

A.  I.  Boreman,  Governor. 


Resolved  by  the  Legislature  of  West  Virginia  : 

That  the  Governor  be  authorized  to  employ  an  agent,  who  shall 
proceed  immediately  to  Staunton  and  Williamsburg,  Virginia,  for 


91 


Journal  of  the  Senate. 

the  purpose  of  ascertaining  the  number  of  insane  persons  in  the 
asylum  at  each  of  these  places,  who  were  sent  from  within  this 
State;  the  amount  claimed  at  each  institution  for  their  support  to 
the  1st  of  January,  1866,  and  the  terms  on  which  they  can  remain 
in  these  institutions  for  the  current  year,  and  that  he  make  a report 
to  the  Governor,  to  be  laid  before  the  Legislature. 

Adopted,  Jan.  22,  1866. 


Clerk's  Office,  House  of  Delegates,  \ 
Wheeling , January  25,  1866.  / 


I certify  that  the  foregoing  is  a true  transcript  from  the  record 
in  this  office. 


Wm.  P.  Hubbard, 

Clerk  House  of  Delegates , and  Keeper  of  the  Dolls. 


92 


Journal  of  the  Senate. 


List  of  insane  persons  from  West  Virginia  in  Western  Lunatic 
Asylum  of  Virginia,  since  October  1,  1860.  Made  Feb.  8 1866. 


Name 

County. 

Date  of  Admission. 

Discharged,  Dead  or 
Eloped— Date. 

John  Mitchell 

Berkeley, 

1828,  Sept. 

20 

Remains. 

Wm.  H.  Hickman 

1 Jefferson, 

1829,  Apr. 

8 

Died,  Nov.5,’64 

John  Buffington  _ 

Cabell, 

1836,  Nov. 

2 

Remains. 

Chas.  F.  M.  Craighill.  __ 

Jefferson, 

1839,  Nov. 

15 

Almida  Mahew  - _ 

Ohio, 

1841,  July 

22 

: “ 

Wm.  Elgin  

Marshall, 

Dec. 

25 

Died,Nov.4,’60 

Alfred  Mather  

Harrison, 

“ “ 

28 

Remains. 

Jacob  Sheets 

Wood 

1842,  Jan. 

24 

Died, J y 30/63 

Thomas  Flinn 

Jefferson, 

“ Apr. 

15 

“ Dec.  11, ’63 

David  Deford  

Ohio, 

“ Oct. 

10 

Remains. 

Daniel  McFadden  - _ , 

Jefferson, 

1844,  Feb. 

28 

“ 

Wm.  A1  verson. 

Hampshire, 

“ Mar. 

21 

Thomas  Hull.  _ _ _ 

Wayne, 

1845,  Feb. 

6 

Joseph  Richard  

Jefferson, 

“ Apr. 

30 

“ 

Anthony  Dold_ . 

Greenbrier, 

“ Aug. 

29 

4 4 

Samuel  Donaghe  . 

Ohio. 

“ Sept. 

24 

Sarah  M.  Crumbecker-.. 

“ 

“ 

24 

11 

"Wm.  Small . __ 

Berkeley, 

1846,  Jan. 

8 

4 4 

Rebecca  Marlow  

Ohio, 

“ Nov. 

14 

Died  Jan. 29, ’62 

Malcher  Barchett. 

'Mercer, 

1847,  Jan. 

22 

Remains. 

Mary  King 

Harrison, 

“ May 

8 

Died,J’lyll,’61 

Elizabeth  Townsend 

Ohio, 

1848,  Feb. 

17 

Remains. 

Nancy  Clendennin 

Putnam, 

Dec. 

22 

Died.  June  1/65 

Mary  Bashore — ..  __ 

Berkeley, 

1850,  Jan. 

26 

“ Sep.25/64 

David  Cotton  . 

Monongalia 

“ Feb. 

3 

“ Ap.  23/64 

0.  E.  Brown __ 

Putnam, 

4 4 4 4 

11 

Remains. 

Reuben  Swiger J 

Harrison, 

“ “ 

20 

“ 

James  Louks 

Randolph, 

“ “ 

27 

Died,Oct.ll/62 

James  Durgan 

Fayette, 

“ Apr. 

18 

“ J’ly  2/62 

Abraham  Kemp : 

Jefferson, 

4 4 4 4 

30 

Remains. 

Thos.  J.  Larew._  

“ 

“ 

30 

Died,  Ap. 13/64 

Eunice  Phillips 

Monongalia 

“ July 

8 

Remains. 

Wm.  Black 

Harrison, 

“ Aug. 

19 

“ 

Helen  Lvnch 

Hardy, 

“ Sept. 

4 4 4 4 

3 

“ 

Mary  Williams _ 

Kanawha, 

26 

“ 

Isabella  Logsden 

Marshall, 

“ Oct. 

13 

“ 

Wm.  Irby 

Cabell, 

“ Nov. 

6 

Died,  Mar. 7/63 

Mary  J.  Smart 

Hardy, 

“ 

8 

Remains. 

Joseph  Bear 

Ohio, 

4 4 4 4 

20 

“ 

Almarinda  Smith 

Wayne, 

1851,  Jan. 

3 

4 4 

Mary  A.  Demos 

Berkeley, 

4>  » 4 

22 

Richard  Morrison 

“ 

“ Feb. 

18 

4 4 

Christina  Buckhart 

“ 

“ Mar. 

6 

. ( 

Chas.  Howard . __ 

“ 

4 4 4 4 

14 

4 4 

Wm.  T.  Parker 

Hampshire,) 

“ Apr. 

6 

Timothy  Clutter 

Pocahontas, 

<<  44 

2'.) 

U 

*Pay  Patients. 


93 


Journal  of  the  Senate . 


List — Continued. 


Name. 

Couuty. 

Date  ot  Admission. 

Discharged  Dead  or 
Eloped— Date. 

Addison  Cooper 

Hampshire, 

1851,  June  9 

Died  Nov. 13, ’65 

Mary  A.  Kidder 

Jefferson, 

“ 12 

Remains. 

George  Ganzart 

Marion, 

“ Julv  16 

“ 

Mary  Price - 

Ohio, 

“ Sept.  24 

1 1 

Rebecca  J.  Jarrell 

Mercer, 

“ Oct.  30 

[Died,  July  5, ’61 

Thos.  0.  Donnell  

Berkeley, 

“ <£  31 

Remains. 

W.  T.  Randolph-  

Doddridge, 

“ Nov.  3 

Died,  Apr.11,’63 

Nancy  E.  Maze 

Gilmer, 

1852,  Jan.  14 

Remains. 

Ed.  W.  Brown 

Greenbrier, 

' [!  Mar.  19 

■Died,  Aug.  6, ’63 

John  We y man  

Ohio, 

“ “ 24 

44  Feb.  28, ’61 

J.  R.  N.  Dorsey 

Jefferson, 

41  “ 30 

Remains. 

Eugenias  H.  Little 

Marion, 

May  11 

t i 

*JohnT.  Fryatt  - _ 

Berkeley, 

“ June  25 

Died, Nov. 15, ’63 

Bridget  Ward-. 

Randolph, 

“ July  16 

Remains. 

Ellen  J.  Keywood-. 

Jefferson, 

“ Aug.  12 

“ 

Geo.  R.  C.  Price 

Hardy, 

44  Sep.  5 

u 

j 

Robt.  N.  Pine  . __  __ 

Kanawha, 

44  “ 18 

Martha  A.  McGuffin 

Randolph, 

“ Nov.  19 

“ 

Jeremiah  Conner 

Berkeley, 

“ Dec.  5 

44 

John  Cavanagh __ 

Gilmer, 

1853,  Apr.  15 

< ( 

Lorenzo  Nelson...  __  J 

Hampshire, 

lt  May  7 

1 1 

Elizabeth  Keesling 

Upshur, 

“ June  2 

Robert  McClintie 

Greenbrier, 

“ July  21 

“ 

Margaret  Hall ! 

Marion, 

“ Aug.  19 

“ 

Jas.  A.  Nettle _ 

Monroe, 

“ Sep.  17 

“ 

Jeremiah  Echols. 

Ohio, 

“ “ 20 

Israel  Heafer - 

Jefferson, 

“ Oct.  1 

Martha  E.  Maupin. 

Cabell, 

44  Nov.  22 

44 

Rachel  Lowry 

Greenbrier, 

“ “ 29 

“ 

Jas.  F.  Duke.  

Jefferson, 

“ Dec.  6 

i L 

Wm.  McFerris 

Greenbrier, 

1854,  Apr.  17 

“ 

Thomas  Carey  . . _ 

Wayne, 

“ July  30 

“ 

Mark  B.  Kounes__  

Mason, 

“ Aug.  18 

Died,  Feb.  4, ’62 

William  Morrow--  -- 

Harrison, 

“ Nov.  7 

Remains. 

James  Nuzam 

Taylor, 

1855,  Jan.  24 

U 

John  Schrack 

Ohio, 

“ Mar.  29 

Eloped  Oct. 1,65 

John  Woody 

Putnam, 

“ April  7 

Died,  Jan.20,’62 

Phebe  A.  Anderson 

Wetzel, 

“ “ 13 

Died,  Feb.28,’65 

Thos.  C.  Parker „ 

Upshur, 

“ Aug.  1 

Remains. 

Andrew  J.  Evans 

Wetzel, 

44  Oct.  10 

Died,Junel8,’63 

Curtis  Dailey __ 

Berkeley, 

“ Dec.  2 

Died,  Oct. 18, ’60 

Sebastian  Eaty 

Jefferson, 

1856,  Feb.  5 

Remains. 

Rosa  A.  Bowman.  __  _ 

Berkeley, 

“ Mar.  18 

Died,  May  3, ’63 

Hansford  N.  Cooper j 

Marshall, 

44  “ 24 

Died,  Feb.  8,  ’61 

James  Ellis 

Greenbrier, 

44  Apr.  26 

Remains. 

John  Sullivan-.  _! 

Berkeley, 

44  May  8 

Died,  Oct. 18, ’64 

Abby  C.  Ludwick 1 

Hampshire, 

“ 44  16 

Remains. 

Elizabeth  Reynolds | 

Barbour, 

“ June  30| 

U 

*Pay  Patients. 


94 


Journal  of  the  Senate. 

List — Continued. 


Names. 


County. 


! i Discharged,  Dead  or 

IDate  of  Admission.  I Eloped" Date. 


William  Boley (Jefferson, 

Jackson  Edwards j Barbour, 

George  Davis Greenbrier, 

Mary  E.  McKein (Brooke, 

Mary  J.  Irwin jLewis, 

Edward  W,  Stephens --  Ohio, 

Mary  Burdent Greenbrier, 

Margaret  Sensler (Preston, 

Elizabeth  Gaertner | Ohio, 

Emi  y Hardway (Kanawha, 

Jane  McCloy j Jefferson, 

Margaret  Cunningham. |Kanawha, 

John  Mone Ohio, 

Matthew  Collins (Mason, 

George  Stein ! Jefferson,  j 

Augustus  Wilson Raleigh, 

Western  R.  Moss Monroe, 

Thomas  Lyon Berkeley, 

Luther  0.  Howes Barbour, 

Lydia  Keister Greenbrier, 

Ann  Smith ! Cabell, 

John  Weinheim (Jackson, 

William  Dillon j Taylor, 

Margaret  Neel j Monroe, 

Martin  Pansier (Randolph, 

Thomas  Nichols Logan, 

Polly  Blankenship ( “ 

Samuel  Westwood Ohio, 

Maria  Eagan Marion, 

Joseph  Kempt Hancock, 

Virginia  McCutcheon..  Nicholas, 

Elizabeth  A.  Hurt Monroe, 

* Abney  W.  Hogg Mason, 

Bridget  Foley Jefferson, 

Giles  C.  Hamill “ 

*Ephraim  M.  Grace Hampshire, 

Jacob  C.  Roach Mason, 

Ann  M.  Kid  well. Hampshire, 

James  Nolon Berkeley, 

Joanna  Kettzmer Jefferson, 

Arch  M.  Douglass 

Elizabeth  Snyder Randolph 

*Peter  J.  White Putnam, 

Thos.  M.  Parkins Greenbrier,! 

*Ann  D.  Scott Hardy, 

*Wm.  S.  Parker Hampshire,! 

Wm.  Price Greenbrier,! 


1856,  July 
Aug. 


1857 


Sep. 
Mar. 
“ Apr. 
“ June 

“ A«g- 
“ Au& 
“ Auk- 

“ Nov. 

1858,  June 
“ June 

; “ July 

“ Dec. 

1859,  Feb. 
“ Mar. 
“ Mar. 
“ July 
“ Oct. 

“ Nov. 
“ Dec. 

1860,  Feb. 

“ Apr. 
“ May 
“ June 
“ July 

“ Sep. 

“ Sep. 

Sep. 

“ Oct. 

“ Oct. 

“ Oct. 
li  Nov. 
“ Nov. 

“ Nov. 
“ Nov. 
“ Dec. 

1861,  Feb. 

“ May 
“ June 
“ June 
“ July 
“ July 
“ Aug. 
“ Aug. 


15'Remains. 

il  " 
10* 

11 


Died  Ap.  25,  ’64 
Died  J’ly  27,  ’62 
Remains. 

U 

Died  May  14, ’63 
Remains. 

Died  Feb.  22, ’64 
Remains. 

Died  Nov.16,’62 
Died  Jun.  10, ’64 
Remains. 


(7  ; Discharged,  cured,  October 
• : 23,  18(50. 

27|Remains. 

20  Died  Nov.  5,  ’62 
Died  Sep.  10, ’62 
Remains. 


f 

20 

26 

1 

18 

27 

1 

15 

17 

30 

15 

28 
14 

7 

14 

4 

27 

12 

22 


Discharged,  cured, 
5,  1861.  . 

Remains. 


Died  Ap.  11,  ’64 

Discharged,  cured,  Sep.  30, 
1861. 

Discharged,  cured,  Nov.  3d, 
1861. 

Discharged,  cured,  June  IT, 
1862. 

Discharged,  cured,  Nov.  16, 
1865. 

Discharged,  cured,  Jan.  6, 
1862. 

Discharged,  cured,  Nov.  SO, 
1861. 

Discharged,  cured,  Apr.  21, 
1861. 

Remains. 

Discharged,  cured,  Dec.  IT. 
1861. 

Remains. 

Discharged,  cured,  Hep.  30, 
1861. 

Remains. 


Discharged,  cured,  Hep,  15, 
1862. 

Remains. 

Discharged,  cured,  Sep.  30, 
1861. 

Discharged,  cured,  Juno  23, 
1802. 


*Pay  Patients. 


95 


Journal  of  the  Senate. 

List — Continued. 


Namo. 

County. 

Date  of  Admission. 

i Discharged,  Dead  or 
Eloped— Date. 

Elijah  Ramsburg 

*Catharine  M.  Nicholson 

Henrv  Farley 

Thomas  Nickels- ■ 

Joseoh  Noel-  

* William  S.  Parker 

Susan  McDowell--  - J 

Berkeley, 

Jefferson, 

Logan, 

Hampshire,) 

Green  brierJ 

1862,  Apr.  7 

1 “ Aug.  1 

1863,  Sept.  17 

1864,  July  2 
“ Aug.  30 

1865,  Feb.  16 

Discharged,  cured,  April  8, 
1862. 

Discharged,  cured,  Nov.  30, 

1863. 

Remains. 

Discharged,  cured,  April  9, 

1864. 

Remains. 

Discharged,  cured,  Aug.  29, 

1865. 

Remains. 

*Pav  Patients. 

Copy  from  Register. 

Francis  T.  Stribling, 

Physician  and  Superintendent. 


96 


Journal  of  the  Senate. 

Eastern  Lunatic  Asylum,  \ 

Williamsburg,  Va.,  Feb.  2,  1866.  / 

M.  P.  Amiss,  Esq.  : 

Sir: — In  compliance  with  the  resolution  of  the  Legislature  of 
West  Virginia,  requesting  the  Superintendent  to  furnish  the  Com- 
missioner with  the  names  and  residences  of  all  insane  persons  in 
this  Institution,  alleged  to  have  been  sent  from  within  the  limits  of 
that  State  before  the  war,  and  to  ascertain  the  amount  claimed  for 
their  support,  from  the  1st  of  May,  1865,  to  the  1st  of  January, 
1866;  also,  what  arrangements  can  be  made  for  their  continuance 
here,  until  they  can  be  provided  for  in  your  asylum,  is  herewith 
respectfully  furnished. 

It  would  afford  me  much  pleasure  to  be  able  to  furnish  you  a full 
and  detailed  account  of  the  insane,  when  admitted,  also  their 
peciftiiary  condition,  now  under  my  care,  but  I am  sorry  to  say  that 
the  records  of  the  Institution  were  destroyed  or  so  mutilated  that 
I am  compelled  to  confine  myself  strictly  to  the  resolution  of  the 
Legislature,  and  furnish  the  names,  counties,  the  amount  due  for 
support  for  the  time  specified,  and  what  will  be  charged  per  head, 
per  week. 

John  L.  Heller,  from  Randolph,  Feb.  14,  1837. 

Martin  Quackenbush,  from  Monroe,  April  12,  1843. 

Martha  Sommerville,  from  Harrison,  April  3,  1844. 

George  Perry,  from  Jefferson,  March  23,  1847. 

Louisia  Wagner,  from  Oh,io,  January  19,  1847. 

Mundly  I.  Bowie,  from  Harrison,  Jan.  13,  1855. 

Francis  Boyd,  from  Harrison,  June  30,  1855. 

William  Maxwell,  from  Hancock,  Feb.  2,  1857. 

Louisa  Swartz,  from  Wood,  Aug.  20,  1857. 

Virginia  Raum,  from  Jefferson,  April  22,  1859. 

Cynthia  Farrell,  from  Kanawha,  Feb.  9,  1861. 

Thos.  Florence,  from  Ohio,  Feb.  14,  1861. 

Wm.  Alexander,  from  Lewis,  March  20,  1861. 

Total,  13. 

Amount  claimed,  $2,215,29  to  1st  January,  1866. 

We  will  charge  seven  dollars  per  week  for  each  patient  until 
removed. 

Yours,  Very  Respectfully, 

Leonard  Henly, 
Superintendent  and  Physician. 


At  a meeting  of  the  Board  of  Directors  of  the  Western  Lunatic 
Asylum,  convened  for  the  purpose  of  considering  a communication 
from  the  Governor  of  West  Virginia,  present,  Alex.  H.  H.  Stuart, 
John  Wayt,  Benjamin  F.  Points,  Henry  H.  Peck,  Benjamin  Craw- 
ford, Edwin  M.  Taylor,  and  Wm.  C.  Eskridge.  The  communication 
of  Gov.  Boreman  having  been  read, 

On  motion  of  Edwin  M.  Taylor,  ordered  that  the  Superintendent 
furnish  M.  P.  Amiss,  Agent  for  the  State  of  West  Virginia,  a list 
of  all  the  patients  from  West  Virginia,  who  are  now  or  have  been 


97 


Journal  of  the  Senate. 

in  the  asylum  since  the  30 tli  of  September,  I860,  with  the  date  of 
their  admission,  and  discharge  or  death,  and  the  counties  lrom 
which  they  have  respectively  been  received. 

Ordered ’ That  it  be  communicated  to  the  G-overnor  of  West  Vir- 
ginia, as  the  sense  of  this  Board,  that  inasmuch  as  the  whole 
expense  of  maintaining  the  asylum  arid  its  inmates  since  the  close 
of  the  fiscal  year  1860,  has  been  borne  by  taxation  levied  exclu- 
sively on  the  people  of  Virginia,  justice  requires  that  the  State  of 
West  Virginia  should  pay  a part  of  the  cost  of  maintaining  the 
asylum  from  that  date,  proportioned  to  the  number  of  her  patients 
in  the  asylum. 

Ordered , That  it  be  made  known  to  the  Governor  of  West  Vir- 
ginia that  the  aggregate  cost  of  maintaining  the  asylum,  divided 
by  the  whole  number  of  patients,  exhibits  the  average  cost  of  main- 
tenance to  be  two  hundred  and  lour  dollars  ($204)  per  annum. 

Ordered , That  the  Superintendent  inform  the  agent  of  West  Vir- 
ginia, that  the  Board  is  willing. in  a spirit. of  comity  to  accommodate 
the  patients  from  West  Virginia  in  the  Western  iVsylum  for  the 
present  year,  at  the  rate  of  two  hundred  and  four  dollars  ($204) 
per  annum,  but  that  they  earnestly  hope  that  the  Governor  of  West 
Virginia  will  use  all  his  practical  diligence  to  have  these  patients 
from  that  State  removed  at  as  early  a day  as  possible,  as  the  room 
now  occupied  by  them  is  greatly  needed  for  patients  from  the  State 
of  Virginia. 

A copy— Test. 

W.  C.  Eskridge,  Cleric  p.  t. 

February  8,  1866. 

On  motion  of  Mr.  Corley,  House  Bill  No.  42,  entitled  “ A Bill 
to  establish  a permanent  seat  of  government  for  the  State  of  West 
Virginia,  ” on  its  second  reading  was  taken  from  the  table. 

And  the  question  arising  on  the  amendment  proposed  by  the 
Committee,  to  strike  out  of  the  first  section  the  words  “ Buckhan- 
non,  in  the  county  of  Upshur,”  and  in.sert  in  lieu  thereof,  the 
words  “ Clarksburg,  in  the  county  of  Harrison.  ” 

Mr.  Maxwell  demanded  a division  of  the  question,  and  the  motion 
then  being  to  strike  out  of  the  first  section  the  words  “Buckhannon, 
in  the  county  of  Upshur,  ” 

On  motion  of  Mr.  Hawkins,  the  Senate  took  a recess  until  21 
o’clock,  P.  M. 

* . • * AFTERNOON  SESSION. 

The  Senate  re-assembled.  

Pending  the  consideration  of  the  question  before  the  Senate  at 
the  hour  of  recess, 

Mr.  Chapline  moved  that  it  be  made  the  special  order  for 
to-morrow  at  11  o’clock,  A.  M.,  which  was  agreed  to. 

The  Senate  then  adjourned. 

13 


98 


Journal  of  the  Senate . 

SATURDAY,  February  17,  1866. 

The  Senate  met  at  the  usual  hour,  and  was  opened  with  prayer  by 
Rev.  Mr.  Monroe,  after  which  the  journal  of  yesterday  was  read 
and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates,  ) 
Wheeling , ieb.  16,  1866.  / 

The  House  has  this  day  passed  and  respectfully  asks  the  concur- 
rence of  the  Senate  in 

House  Bill  No.  75,  “ A Bill  to  transfer  certain  lands  in  Ohio 
county  to  the  Boards  of  Education  of  certain  townships  therein.  ” 

House  Bill  No.  87,  “A  Bill  for  the  relief  of  Francis  H. 
Peirpoint,  ” and 

House  Bill  No.  88,  “ A Bill  to  dispense  with  the  assessment  of 
back  taxes  in  certain  counties.  ” 

Wm.  P.  Hubbard, 

Clerk  House  of  Delegates. 

Said  bills  were  read  the  first  time,  and  No.  75  was  referred  to 
the  Committee  on  Education,  No.  87  and  88  were  referred  to  the 
Committee  on  Finance  and  Claims. 

Mr.  Price,  from  the  Committee  on  Townships,  reported  back 
House  Bill  No.  56,  entitled  “ A Bill  to  consolidate  the  towns  of 
Moundsville  and  Elizabethtown,  ” recommending  its  passage. 

On  motion  of  Mr.  Price,  said  bill  was  amended  by  striking  out 
the  word  “ city  " wherever  it  occurs  in  the  bill,  and  inserting  in 
lieu  thereof,  the  word  “town.” 

On  motion  of  Mr.  Burley,  the  words  “ General  Assembly  ” were 
stricken  out  of  the  5th  line  of  the  seventh  section,  and  the  word 
“ Legislature  ” inserted,  and  the  word  “ execution  ” was  stricken 
out  of  the  8th  line  of  the  8th  section,  and  the  word  “writ” 
inserted. 

Pending  the  second  reading  of  said  bill,  on  motion  of  Mr.  Burley, 
the  bill  was  referred  to  the  Committee  on  the  Judiciary. 

Mr.  Price,  from  the  Committee  on  Townships,  reported  back 
Senate  Bill  No.  61,  entitled  “ A Bill  allowing  the  Boards  of  Super- 
visors of  the  counties  of  this  State  to  subscribe  stock  to  any  Rail 
Road  Company,  ” recommending  that  it  do  not  pass;  and  the  Sen- 
ate refused  to  read  the  bill  the  second  time. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims,  reported 
back  House  Bill  No.  32.  entitled  “ A Bill  making  an  appropriation 
to  Robertson  Cook,”  recommending  its  passage. 

On  motion  of  Mr.  O’Brien,  the  bill  was  laid  on  the  table. 


99 


Journal  of  the  Senate. 

Mr.  Burdett,  from  the  same  Committee,  reported  that  it  is  inex- 
pedient to  legislate  upon  the  subject  of  reducing  the  license  upon 
billiard  saloons  ; and  the  report  was  adopted. 

On  motion  of  Mr.  Dix, 

Resolved , That  the  Committee  on  Internal  Improvements  and 
Navigation  inquire  into  the  expediency  of  appropriating  four  thou- 
sand dollars  for  the  purpose  of  re-building  the  bridge  across 
Pocotalico  River  on  the  Charleston  and  Point  Pleasant  Turnpike, 
in  Putnam  county. 

Mr.  Haymond  presented  the  petition  of  citizens  of  Gilmer, 
Ritchie  and  Tyler,  praying  for  the  passage  of  a law  chartering  a 
certain  road,  which  was  referred  to  the  Committee  on  Internal 
Improvements  and  Navigation. 

Senate  Bill  No.  52,  entitled  “ A Bill  to  amend  and  re-enact  the 
act  regulating  allowances  to  county  officers,  ” was  read  the  third 
time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Cor- 
ley, Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

Senate  Bill  No.  53,  entitled  “ A Bill  to  relinquish  to  the  Mary- 
land and  Virginia  Bridge  Company,  the  stock  in  said  Company 
belonging  to  the  State,  ” was  read  the  third  time,  and  passed  with 
its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Cor- 
ley, Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

Senate  Bill  No.  56,  entitled  “ A Bill  in  relation  to  actions  of 
detinue,  ” was  read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Cor- 
ley, Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

House  Bill  No.  29,  entitled  “ A bill  to  construct  a mill  dam 
across  Elk  River,  at  Sutton,  Braxton  county,  ” was  read  the  third 
time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Cor- 
ley, Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

House  Bill  No.  33,  entitled  “ A Bill  for  the  relief  of  St.  Clair 
Rains,  of  Kanawha  county,  ” was  read  the  third  time,  and  passed 
with  its  title : 


100  Journal  of  the  Senate . 

Yeas — Messrs.  Stevenson,  (President,)  Barley,  Chambers,  Cor- 
lev,  Dix,  Duval,  Hagar,  Hawkins,  Havmond,  Kitchen,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

. House  Bill  No.  44,  entitled  “ A Bill  to  repeal  sections  22  and  23 
of  chapter  163,  Code  of  Virginia,  second  edition,  was  read  the  third 
time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Cor- 
ley, Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

Mr.  Burdett  was  directed  to  inform  the  House  of  Delegates  of 
the  passage  of  Senate  Bill  No.  52,  entitled  “ A Bill  to  amend  and 
re-enact  the  act  regulating  allowances  to  county  officers,  ” and 
request  their  concurrence  therein. 

The  hour  of  11  o’clock,  A.  M.,  having  arrived,  the  Senate  pro- 
ceeded to  the  consideration  of  the  special  order,  that  being  House 
Bill  No.  42,  entitled  “ A Bill  to  establish  a permanent  seat  of  gov- 
ernment for  the  State  of  West  Virginia,”  the  question  being  on 
the  motion  to  strike  out  the  words  “ Buckhannon,  in  the  county  of 
Upshur.  ” 

Upon  this  question,  Mr.  Corley  demanded  the  yeas  and  nays, 
which  were  ordered. 

But  Mr.  Stevenson,  (Mr.  Burdett  in  the  chair,)  moved  that  the 
further  consideration  of  said  bill  be  postponed  indefinitely;  and 
upon  this. question  Mr.  Corley  demanded  the  yeas  and  nays,  which 
were  ordered — 

When,  on  motion  of  Mr.  Burdett,  the  bill  was  laid  on  the  table. 

A message  from  the  House  of  Delegates,  by  Mr.  McWhorter, 
announced  that  that  body  had  adopted,  and  asked  the  concurrence 
of  the  Senate  in,  House  Joint  Resolution  No.  17,  as  follows: 

Whereas,  while  it  was  no  doubt  the  desire  and  intention  of  the 
authorities  of  the  United  States  to  protect  the  loyal  people  of 
West  Virginia  during  the  late  war,  by  United  States  troops,  from 
the  inroads  and  devastation  of  the  enemy,  and  for  this  purpose 
posts  were  established  at  several  points  along  the  border  of  the 
State;  yet  on  account  of  the  great  necessity  for  troops  elsewhere  ; 
of  our  proximity  to  the  enemy — a part  of  our  State  being  occupied 
by  his  forces  during  a great  portion  of  the  time — ot  the  fact  that 
there  were  many  in  our  midst  who  were  traitors  at  heart,  and  who, 
while  they  professed  submission  to  the  laws,  were  ready  to,  and  did 
frequently,  secretly  co-operate  with  their  friends  who  had  taken  up 
arms  against  their  country;  and  of  the  peculiar,  character  of  the 
controversy,  strife  and  war  which  existed  in  our  State,  where  fam- 
ilies, friends  and  neighbors  were  separated  and  arrayed  in  deadly 
hostility  on  the  subject  of  the  rebellion,  and  the  means  used  for  its 


101 


Journal  of  the  Senate. 

suppression  ; all  these  made  it  impracticable  for  the  government  to 
afford  that  protection  to  the  loyal  people,  against  rebel  guerrillas, 
robbers  and  murderers,  which  they  were  entitled  to,  and  which 
was  necessary  to  enable  them  to  remain  at  their  homes  and  provide 
the  means  of  support  for  themselves  and  families  ; and  it  therefore 
became  the  duty  of  the  State  to  provide  that  protection  for  its 
loyal  citizens — especially  in  the  border  and  more  exposed  counties 
— which  it  was  manifest  the  United  States  did  not,  and  under  the 
circumstances,  probably  could  not  do.  And  for  this  purpose  Inde- 
pendent Companies  were  organized  under  State  authority,  and 
were  kept  on  duty  in  the  counties  most  exposed  and  liable  to  the 
greatest  injury  at  the  hands  of  their  armed  bands  of  rebel  robbers 
and  murderers;  and  were  paid  for  their  services  out  of  the  treasury 
of  the  State,  in  pursuance  of  appropriations  made  by  the  Legisla- 
ture for  that,  purpose,  and  the  moneys  thus  paid  out  amount  in  the 
aggregate  to  the  sum  of  two  hundred  and  thirteen  thousand, 
nine  hundred  and  eighty-eight  dollars,  and  forty-two  cents 
($213,988,42.) 

And  whereas,  in  September,  1868,  a company  of  the  militia  of 
Upshur  county  were  under  arms  for  the  protection  of  their  neigh- 
borhood, and  while  thus  under  arms  were  attacked  and  overpowered 
by  a superior  force  of  the  enemy,  and  sixty-eight  (68)  of  their 
number  were  captured  and  carried  off  to  Southern  prisons,  where 
forty-five  (45)  of  them  died,  and  the  survivors  returned  with  con- 
stitutions broken  down  and  destroyed  by  the  cruel  and  inhuman 
treatment  received  while  in  prison  ; and  under  an  appropriation 
made  by  the  Legislature  for  the  purpose,  the  State  has  paid  to  those 
of  this  company  who  returned  and  to  the  families  of  those  who 
died,  thirteen  dollars  per  month,  for  the  time  only  that  they  were 
prisoners,  amounting  to  the  sura  of  six  thousand  nine  hundred  and 
fifty  dollars  and  eighty  cents  ($6,950,80.) 

And  whereas,  the  evidence  of  the  payments  so  made,  although 
somewhat  informal,  is  nevertheless  in  the  office  of  the  Quarter- 
master General  of  the  State,  and  is  regarded  by  this  Legislature  as 
sufficient  proof  that  the  payments  have  been  made. 

And  whereas,  it  appears  from  the  report  of  the  Board  of  Claims, 
created  by  an  act  of  the  Legislature,  that  claims  to  the  amount  of 
one  hundred  and  forty-seven  thousand,  six  hundred  and  nine  dol- 
lars and  ten  cents  ($147,609,10)  have  been  audited  by  said  Board 
for  services  rendered  by  militia  of  this  State,  since  the  20th  day  of 
June,  1861  ; for  subsistence  furnished  the  militia  when  called  into 
service  ; for  the  expenses  of  transportation  of  such  militia,  and  of 
supplies  for  their  use,  and  for  subsisting  and  equipping  volunteer 
recruits  subsequently  mustered  into  the  United  States  service. 

And  whereas,  this  State  has  furnished  its  full  proportion  of 
troops  to  the  United  States  army  during  the  late  war,  exclusive  of 
the  State  companies  mentioned  ; therefore, 

Resolved  by  ike  Legislature  of  West  Virginia  : 

That  in  view  of  the  facts  above  recited,  which  are  hereby  affirmed 
to  be  true  ; and  inasmuch  as  the  sums  of  money  paid  by  the  State 
as  aforesaid,  were  paid  to  State  troops  who  supplied  the  place  of  a 


102 


Journal  of  the  Senate. 

like  number  of  United  States  troops,  and  who  afforded  a local  pro- 
tection, which  it  ssemed  impossible  otherwise  to  secure  ; and  the 
claims  audited  by  the  Board  as  aforesaid  for  the  services  of  the  militia 
of  the  State,  &c.,  said  sums  amounting  in  the  whole  to  three  hun- 
dred and  sixty-eight  thousand,  six  hundred  and  forty-eight  dollars 
and  thirty-seven  cents,  ($368,648,37)  in  the  opinion  of  this  Legisla- 
ture constitute  a just  demand  against  the  United  States,  and  should 
be  paid  by  the  United  States  to  this  State. 

2.  That  the  Governor  be  requested  to  furnish  our  Senators  and 
Representatives  in  Congress,  copies  of  these  resolutions,  and  also 
place  in  their  hands  evidence  of  the  payment  of  the  claims  herein 
mentioned,  and  the  claims  audited  by  the  Board,  as  aforesaid,  in 
order  that  they  may  lay  the  same  before  Congress,  and  take  such 
action  as  in  their  opinion  will  secure  an  appropriation  by  that  body, 
to  repay  to  the  State  the  money  paid  out  as  herein  set  forth,  and  to 
pay  the  claims  audited  by  the  Board  of  Claims  for  this  State  before 
mentioned. 

On  motion  of  Mr.  Maxwell,  the  resolution  was  adopted. 

The  Senate  then  adjourned. 


MONDAY,  February  19,  1866. 

The  Senate  was  opened  with  prayer  by  Rev.  B.  W.  Chidlan  of 
Cincinnati. 

The  journal  of  Saturday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates  : 

Clerk’s  Office,  House  of  Delegates,  \ 
Wheeling , February  17,  1866.  J 
The  House  has  this  day  passed  Senate  Bill  No.  2,  “ A Bill  to 
prevent  and  punish  the  forcible  or  unlawful  obstruction  of  public 
justice.” 

Senate  Bill  No.  43,  “ A Bill  better  to  provide  for  the  distribution 
of  the  acts,  ” and 

Senate  Bill  No.  44,  “ A Bill  making  an  appropriation  for  the 
Antietam  National  Cemetery;’’  it  has  also  passed  and  respectfully 
asks  concurrence  by  the  Senate  in 

House  Bill  No.  80,  “ A Bill  to  dissolve  and  close  the  branch  of 
the  Exchange  Bank  of  Virginia,  at  Weston.” 

House  Bill  No.  114,  “A  Bill  to  ratify  on  certain  terms  the  act 
of  the  General  Assembly  of  Virginia,  passed  February  3,  1866, 
relating  to  the  Virginia  Canal  Company.” 

House  Joint  Resolution  No.  18,  “ In  referrence  to  printing  the 
Governor’s  message  concerning  lunatics  from  this  State  in  Virginia 
Asylums.” 

Resolved  by  the  Legislature  of  West  Virginia , 

That  two  thousand  copies  of  the  Governor’s  message  concerning 
lunatics  from  this  State,  now  in  the  lunatic  asylums  of  Virginia, 


Journal  of  the  Senate . 103 

with  the  documents  accompanying  it,  be  printed  for  the  use  of  the 
two  Houses,  and 

House  Joint  Resolution  No.  19,  “Proposing  to  celebrate  the 
anniversary  of  Washington’s  birthday.” 

Resolved  by  the  Legislature  of  West  Virginia , That  the  Senate 
and  House  of  Delegates  meet  in  joint  session  in  the  hall  of  the  latter 
on  Thursday  the  22d  inst.,  at  10  o’clock  A.  M.,  and  that  Washing- 
ton’s farewell  address  be  read  upon  the  occasion. 

Wm.  P.  Hubbard, 
Cleric,  House  oj  Delegates. 

The  said  resolutions  were  adopted,  and  said  House  Bills  read  the 
first  time,  and  No.  80  was  referred  to  the  Committee  on  Banks  and 
Corporations,  and  No.  114,  to  the  Committee  on  Internal  Improve- 
ments and  Navigation. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
back  House  Bill  No.  13,  entitled  “ A Bill  relating  to  suits  brought 
against  Supervisors  and  Inspectors  of  Elections,  and  providing  for 
the  payment  of  their  costs  in  defending  the  same,  ” recommending 
its  passage;  and  it  was  read  the  second  time,  and  ordered  to  its 
third  reading. 

Mr.  Burley,  from  the  Committee  on  Internal  Improvements  and 
Navigation,  reported  back,  without  recommendation,  Senate  Bill 
No.  20,  entitled  “A  Bill  to  amend  the  charter  of  the  West 
Virginia  Central  Railway  Company.”  • * 

The  said  bill  coming  up  on  its  second  reading,  Mr.  Burley  offered 
a substitute  therefor,  entitled  “ A Bill  to  incorporate  the  Covington 
and  Ohio  Railway  Company,  ” which  was  ordered  to  be  printed. 

On  motion  of  Mr.  Burley,  the  bill  and  substitute  were  laid  on 
the  table. 

Mr.  Dix,  by  leave;  introduced  Senate  Bill  No.  63,  entitled  “A 
Bill  to  transfer  the  Point  Pleasant  Academy  to  the  Board  of  Educa- 
tion, of  Lewis  township  in  Mason  county,  ” which  was  read  the 
first  time,  its  printing  dispensed  with,  and  referred  to  the  Com- 
mittee on  Townships. 

On  motion  of  Mr.  Peck, 

Resolved , That  the  Judiciary  Committee  inquire  into  the  neces- 
sity of  appropriating  a sum  of  money  sufficient  to  bring  up  the  law 
library  to  this  time. 

Mr.  Burdett,  offered  Senate  Joint  Resolution  No.  10,  “ Endorsing 
the  reconstruction  policy  of  President  Johnson,  ” as  follows  : 

Resolved  by  the  Legislature  of  West  Virgmia,  That  we  hereby 
endorse  the  policy  of  Andrew  Johnson  in  organizing  State  govern- 
ments in  the  States  lately  in  rebellion,  and  in  extending  the  lawful 
authority  of  the  general  government  over  the  same. 


104 


Journal  of  the  Senate. 

Mr.  Burdett,  moved  that  the  rules  requiring  joint  resolutions  to 
lie  on  the  table  one  day,  be  suspended  ; but  the  motion  was  rejected  ; 
and  so  the  resolution  lies  over. 

On  motion  of  Mr.  Hawkins,  House  Bill  No.  80,  entitled  “ A Bill 
to  provide  for  a re-assessment  of  the  value  of  all  the  real  estate 
within  this  State,  ” on  its  second  reading  was  taken  from  the  table. 

On  motion  of  Mr.  Haymond,  the  words  “ and  correct  mistakes  as 
to  quantity  of  land  assessed,  ” were  inserted  alter  the  word  “ man- 
ner, ” in  the  18th  line  of  the  7th  section. 

Mr.  Mahon,  moved  that  the  first  section  of  the  bill  be  amended 
by  striking  out  of  the  3d  and  4th  lines  the  words  “ assessor’s  dis- 
trict, ” and  inserting  in  lieu  thereof  the  w7ord  “ townships  ;”  but  the 
motion  was  lost. 

Mr.  Peck,  moved  that  the  bill  be  recommitted,  but  the  Senate 
disagreed  to  the  motion. 

On  motion  of  Mr.  Maxwell,  the  words  “ twelfth  day  after  the 
fourth  Thursday  in  April,”  were  stricken  out  of  the  first  section  on 
engrossed  bill,  and  “ twentieth  day  of  July  ” inserted. 

On  motion  of  Mr.  Kitchen,  the  words  “(or  the  judge  of  the 
circuit  court,  as  the  case  may  be ,)  ” were  inserted  after  the  word 
“county”  in  the  2d  line  of  the  obligation  contained  in  section  6. 

On  motion  of  Mr.  Burley,  the  words  “ or  erroneous  as  to  quality,’ 
were  inserted  after  the  word  “ value,  ” in  the  lltli  line  of  the  7th 
section. 

The  bill  was  then  read  the  second  time  and  ordered  to  be  read 
the  third  time. 

The  Senate  adjourned. 


TUESDAY,  February  20th,  1866. 

The  Senate  was  opened  with  prayer  by  Rev.  Mr.  Dix,  member 
of  the  Senate. 

The  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates.  | 

February  19,  1866.  J • . „ 

The  House  has  this  day  agreed  to  the  amendments  proposed  by 
the  Senate  to  House  Bill  No.  57,  “ A Bill  to  provide  a penitentiary 
for  the  State;”  passed  and  respectfully  asks  the  concurrence  of 
the  Senate  in  House  Bill  No.  58,  “A  Bill  to  regulate  the  registra- 
tion of  voters,  ” and  House  Bill  No.  65,  “A  Bill  to  provide 
punishment  for  the  cutting  down,  injuring  or  destroying  trees  or 
shrubs.  ” 

Wm,  P.  Hubbard, 

Clerk  House  of  Delegates. 


Journal  of  the  Senate.  105 


Said  House  Bills  were  read  the  first  time,  and  referred  to  the 
Committee  on  the  Judiciary. 

The  following  communication  was  received  from  the  Supreme 
Court  of  Appeals: 


To  Hon.  W.  E.  Stevenson, 


President  of  the  Senate  : 

At  a session  of  the  Supreme  Court  of  Appeals  of  the  State  of 
West  Virginia,  held  in  the  city  of  Wheeling  on  the  7th  day  of 
February,  1866,  the  following  order  was  made  : 

The  Legislature  is  respectfully  requested  to  appropriate  a reason- 
able sum  to  be  expended  according  to  law  in  the  purchase  of  such 
books  as  are  needed  to  fill  up  the  Law  Library  of  the  State.  And 
in  the  opinion  of  the  Court  it  will  require  twenty-five  hundred 
dollars. 

Teste  : 


Sylvanus  W.  Hall,  Clerk. 


• On  motion  of  Mr.  Burdett,  said  communication  was  referred  to 
the  Committee  on  the  Judiciary. 

Mr.  Slack,  from  the  Committee  on  Humane  and  Criminal  Institu- 
tions, reported  back  Senate  Bill  No.  54,  entitled  “ A Bill  for  the 
relief  of  the  Overseers  of  the  Poor  of  the  county  of  Brooke,  ’* 
recommending  its  passage  ; and  it  was  read  the  second  time,  and 
ordered  to  be  engrossed. 

Mr.  Slack,  from  the  same  Committee,  reported  adversely  upon 
the  resolution  proposing  to  establish  a House  of  Refuge.  The 
report  was  adopted. 

House  Bill  No.  18,  entitled  “ A Bill  relating  to  suits  brought 
against  Supervisors  and  Inspectors  of  Elections  and  providing  for 
the  payment  of  their  costs  in  defending  the  same,  ” was  read  the 
third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Kitchen, 
Mahon,  Maxwell,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 


On  motion  of  Mr.  Maxwell,  and  by  the  unanimous  consent  of  the 
Senate,  House  Bill  No.  30,  entitled  A Bill  to  provide  for  a 
re-assessment  of  the  value  of  all  the  real  estate  within  this  State,  ” 
on  its  third  reading,  was  amended  by  striking  out  of  the  18th  line 
of  the  6th  section,  the  word  “ October,  ” and  inserting  in  its  stead 
the  word  “ December ; ’’  and  the  bill  was  read  the  third  time,  and 
passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  Maxwell,  Peck,  Price,  Slack  and  Wright — 18. 

Nays — None. 

14 


106  Journal  of  the  Senate . 

Mr.  Burley,  from  the  Committee  on  Internal  Improvements  and 
Navigation,  reported  back  House  Bill  No.  114,  “ A Bill  to  ratify  on 
certain  terms,  the  act  of  the  General  Assembly  of  Virginia,  passed 
February  3,  I860,  relating  to  the  Virginia  Canal  Company,  ” recom- 
mending its  passage,  with  the  following  amendments : 

1.  Strike  out  section  5. 

2.  Strike  out  all  after  the  words,  “ to  the”  in  the  1st  line  of  the 
present  7th  section  down  to  the  end  of  the  section,  and  in  place 
thereof,  insert  : 

“General  Assembly,  Executive.  Judiciary  or  Board  of  Public 
Works  of  Virginia,  shall,  so  far  as  concerns  the  works,  property, 
and  acts  of  the  Virginia  Canal  Company,  its  officers  and  agents 
within  this  State,  be  vested  in  and  exercised  by  the  Legislature, 
Executive,  Judiciary  and  Board  of  Public  Works  of  this  State, 
respectively  ; and  the  appointment  of  the  President  of  the  said 
Company,  shall  be  subject  to  the  approval  of  the  Governor  of  this 
State,  in  like  manner  in  all  respects  as  the  same  is  by  the  said  act 
made  subject  to  the  approval  of  the  Governor  of  Virginia.  ” 

3.  At  the  end  of  the  present  7th  section  add  : 

“ Any  proceedings  directed  by  the  aforesaid  act  of  February  3, 
1866,  to  be  taken  or  had  before,  or  returned  to  the  County  Courts, 
shall  be  taken  or  had  before  or  returned  to  the  Circuit  Court 
for  the  county  ; and  any  proceedings  which  may  be  instituted 
against  the  said  Company  in  this  State  under  the  second  section  of 
the  tenth  chapter  of  said  act,  shall  be,  by  motion  in  the  Circuit 
Court  for  the  county  in  which  the  seat  of  government  of  this  State 
may  at  the  time  be  located,  but  in  other  respects  shall  be  had  con- 
formably to  the  last  mentioned  section.  ” 

4.  After  the  present  section  7,  insert  as  a new  section  : 

“ 7.  No  troops  or  persons  in  the  military  or  naval  service  of  any 
State  shall  be  transported  over  the  line  of  said  work,  without  the 
consent  of  the  Governor  of  this  State ; but  troops  or  persons  in  the 
military  or  naval  service  of  the  United  States,  their  arms,  munitions 
and  baggage  shall  nevertheless  be  transported  over  said  line  accord- 
ing to  the  provisions  of  the  twenty-sixth  section  of  the  sixth  chapter 
of  said  act.  ” 

5.  After  the  above,  insert  as  a new  section  : 

“ 8.  Nothing  contained  in  the  seventh  section  of  the  eighth  chap- 
ter of  said  act  shall  be  construed  as  exempting  any  property,  real 
or  personal,  in  this  State,  belonging  to  any  officer,  contractor,  agent, 
laborer,  hireling  or  hand  employed  by  the  Virginia  Canal  Company, 
or  engaged  at  work  upon  the  line  of  their  works,  from  the  taxes  or 
contributions  to  which  property  in  this  State  belonging  to  other 
persons  is  or  shall  be  subject.  ” 

The  said  amendments  were  then  adopted,  the  bill  read  the  second 
time,  and  ordered  to  its  third  reading. 

On  motion  of  Mr.  Burley,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  the  said  bill  read  the  third  time, 
and  passed  with  its  title  : 


107 


Journal  of  the  Senate. 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  Maxwell,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — Mr.  Chapline — 1. 

Mr.  Burley  was  directed  to  inform  the  House  of  the  passage  of 
said  bill,  and  request  concurrence  in  the  Senate  amendments. 

On  motion  of  Mr.  Peck,  Senate  Bill  No.  29,  entitled  “ A Bill 
providing  for  the  issuing  of  attachments  in  certain  cases,  ” was 
taken  up,  and  amended  on  his  motion  by  unanimous  consent  of  the 
Senate,  by  inserting  at  the  end  of  the  26th  line  of  the  1st  section, 
the  words  “of  any  court  having  jurisdiction  in  the  case,  ” and  on 
motion  of  Mr.  Maxwell,  by  like  consent,  by  adding  at  the  end  of 
the  1st  section  the  words  “ Provided  that  nothing  contained  in  this 
act  shall  be  construed  to  repeal  or  interfere  with  any  law  now  in 
force  in  relation  to  attachments.  ” 

The  bill  was  then  read  the  third  time,  and  passed  with  its  title : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Chambers,  Cor- 
ley, Chapline,  Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  Maxwell,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

On  motion  of  Mr.  Corley,  the  Senate  substitute  for  House  Bill 
No.  59,  entitled  “A  Bill  to  prevent  further  taxation  of  soldier’s 
property  for  bounty  purposes,  ” was  taken  up,  read  the  third  time, 
and  passed  with  its  title  : 

Yeas — Messrs.  Burley,  Chambers,  Chapline,  Corley,  Dix,  Duval, 
Hagar,  Hawkins,  Haymond,  Kitchen,  Mahon,  Maxwell,  Peck,  Price, 
Slack  and  Wright — 16. 

Nays — Messrs.  Stevenson,  (President,)  and  Burdett — 2. 

Mr.  Burley,  from  the  Committee  on  Internal  Improvements  and 
Navigation,  reported  back  House  Bill  No.  79,  “ A Bill  to  charter  a 
road  in  Gilmer,  Ritchie  and  Tyler  counties,  ” without  any  recom- 
mendation, there  being  no  notice  accompanying  the  bill. 

On  motion  of  Mr.  Chapline,  the  bill  was  laid  on  the  table. 

A message  from  the  House  of  Delegates,  by  Mr.  Goff,  announced 
that  that  body  had  concurred  in  all  the  amendments  proposed  by 
the  Senate  to  House  Bill  No.  114,  entitled  “ A Bill  to  ratify  on 
certain  terms,  the  act  of  the  General  Assembly  of  Virginia,  passed 
February  3,  1866,  relating  to  the  Virginia  Canal  Company.  ” 

On  motion  of  Mr.  Burley,  Senate  Bill  No.  57,  entitled  “ A Bill 
to  abolish  the  office  of  County  Treasurer,  ” was  taken  up,  read  the 
second  time  and  ordered  to  be  engrossed. 

The  Senate  then  adjourned. 


108  Journal  of  the  Senate. 

WEDNESDAY,  February  21,  1866. 

The  Senate  met  at  the  usual  hour,  and  was  opened  with  prayer  by 
Rev.  Mr.  Barnitz. 

The  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates,  ) 
Wheeling , February  20,  1866  J 

The  House  has  this  day  passed,  Senate  Bill  No.  52,  “ A Bill 
to  amend  and  re-enact  the  act  regulating  allowances  to  county 
officers.” 

Senate  Bill  No.  57,  “ A Bill  to  legalize  the  poor  tax  levied  by  the 
county  courts  of  Berkeley  county  in  the  year  1863,  ” and 

Senate  Bill  No.  60,  “A  Bill  amending  the  charter  of  the  town  of 
Martinsburg.” 

It  has  also  passed  and  respectfully  asks  the  concurrence  of  the 
Senate  in 

House  Bill  No.  90,  “ A Bill  to  amend  and  re-enact  the  first  sec- 
tion of  an  act  passed  February  1st,  1847,  entitled  14  An  Act  to  incor- 
porate the  male  and  female  academy  of  Buckhannon.” 

House  Bill  No.  93,  “A  Bill  to  establish  the  eleventh  senatorial 
district  out  of  a part  of  the  tenth.” 

House  Bill  No.  94,  “ A Bill  fixing  the  times  of  holding  the  courts 
in  the  several  counties  of  the  tenth  and  eleventh  judicial  circuits.” 
House  Bill  No.  95,  “ A Bill  to  change  the  times  of  holding  the 
courts  in  the  eighth  judicial  circuit.” 

House  Bill  No.  96,  “ A Bill  establishing  and  rearranging  the 
tenth  and  eleventh  judicial  circuits  of  this  State,  and  providing  for 
the  appointment  of  a judge  of  the  eleventh  circuit.” 

House  Bill  No.  102,  “ A Bill  in  relation  to  the  statutes  of  limita- 
tions.” 

House  Bill  No.  106,  “ A Bill  to  authorize  the  board  of  supevisors 
of  Hampshire  county  to  borrow  money.” 

House  Bill  No.  107,  “ A Bill  for  the  relief  of  Amos  Samples  of 
IJpshur  county.” 

House  Bill  No.  108,  “ A Bill  to  amend  and  re-enact  the  first 
section  of  an  act  entitled  * An  Act  authorizing  the  present  and 
former  sheriffs  of  Ohio  county  to  pay  certain  moneys  to  the  treasu- 
rer of  Ritchie  and  other  townships  in  said  county,  ’ passed  Febru- 
ary 16,  1865.” 

House  Bill  No.  110,  “ A Bill  to  amend  section  1 of  chapter  78  of 
the  acts  of  the  General  Assembly  of  Virginia,  passed  February  13, 
1862,”  and 

House  Bill  No.  Ill,  “ A Bill  concerning  the  fiscal  year.” 

It  has  adopted  and  respectfully  asks  concurrence  in  a substitute 
for  Senate  Bill  No.  15,  “ A Bill  to  incorporate  the  Wayne  county 
coal  and  iron  railway  company.” 

Wm.  P.  Hubbard, 

Cleric  House  of  Delegates . 


109 


Journal  of  the  Senate. 

The  said  House  Bill  was  read  the  first  time,  and  No.  93,  94,  95 
96,  102,  108  and  110  referred  to  the  Committee  on  the  Judiciary  ( 
No.  107  and  111  to  the  Committee  on  Finance  and  Claims,  No.  90 
was  referred  to  the  Committee  on  Banks  and  Corporations,  and  No. 
106  to  the  Committee  on  Townships. 

The  said  Senate  bill  No.  15,  entitled  “ A Bill  to  incorporate  the 
Wayne  county  Coal  and  Iron  Railway  Company,  ” and  the  substi- 
tute therefor  passed  by  the  House,  were  referred  to  the  Committee 
on  Internal  Improvements  and  Navigation. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported  the 
following  bills,  which  were  read  the  first  time  : 

Senate  Bill  No.  64,  entitled  “ A Bill  in  relation  to  the  sixth  and 
seventh  judicial  circuits,  and  the  times  for  holding  the  terms  of  the 
circuit  courts  therein.” 

Senate  Bill  No.  65,  entitled  “ A Bill  in  relation  to  oaths  of 
suitors  and 

Senate  Bill  No.  66,  entitled  “ A Bill  to  provide  for  the  care  of 
the  State  law  library.” 

On  motion  of  Mr.  Peck,  the  case  being  urgent,  and  three  fourths 
of  the  members  present  consenting  thereto,  the  rule  was  suspended 
for  the  purpose,  and  Senate  Bill  No.  64,  just  reported,  was  read  the 
second  time  this  day,  and  ordered  to  be  engrossed;  and  being  forth- 
with engrossed,  the  rule  was  again  suspended,  and  the  bill  read  the 
third  time  this  day,  and  passsd  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Chambers,  Chap- 
line,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 18. 

Nays — None. 

The  printing  of  Senate  bills  No.  64  and  65  was  dispensed  with. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary  reported  back 
House  Bill  No.  56,  entitled  “ A Bill  to  consolidate  the  town  of 
Moundsville  and  Elizabethtown,  ” with  a recommendation  that  it 
pass,  with  the  following  amendments  : 

1.  Insert  after  the  word  “law,”  line  4,  section  10,  the  words  “for' 
constables  in  similar  cases.” 

2.  Add  a new  section  at  end  of  bill  as  follows  : 

13.  The  council  of  said  town  shall  have  power  and  authority  to 
change  the  streets  and  alleys  and  to  lay  off  and  open  additional 
streets  and  alleys  in  any  part  of  said  town  upon  making  just  com- 
pensation to  the  owners  of  lots  or  ground  taken  for  such  purpose, 
or  affected  thereby,  and  also  to  sell  and  convey  in  fee,  any  street  or 
alley  which  said  council  may  deem  of  no  public  utility. 

Said  amendments  were  adopted  and  the  bill  read  the  second  time> 
and  ordered  to  its  third  reading. 


110 


Journal  of  the  Senate. 


Mr.  Maxwell,  also  reported  back  House  Bill  No.  65,  entitled  “A 
Bill  to  provide  punishment  for  the  cutting  down,  injuring  or 
destroying  trees  or  shrubs,  ” recommending  its  passage  with  the 
following  amendments  : 

1.  In  the  7th  line  after  the  Word  “forest,  ” insert  the  words  “ or 
take  or  destroy  any  fruit  or  garden  or  farm  products.” 

2.  Add  the  following  new  section  : 

“2.  All  prosecutions  under  this  act  shall  be  commenced  within 
six  months  after  the  offence  is  committed.” 

The  said  amendments  were  adopted,  the  bill  read  the  second 
time,  and  ordered  to  its  third  reading. 

Mr.  Maxwell,  also  reported  back  House  Bill  No.  77,  entitled  “A 
Bill  to  repeal  chapter  eight  of  the  acts  of  1865,  ” recommending 
its  passage,  with  the  following  amendment : 

Add  at  the  end  of  the  bill  the  words  “ except  by  the  consent  of 
both  parties.” 

The  amendment  was  adopted,  the  bill  read  the  second  time,  and 
ordered  to  its  third  reading. 

Mr.  Chapline,  from  the  Committee  on  Banks  and  Corporationsj 
reported  back  House  Bill  No.  80,  entitled  “ A Bill  to  dissolve  and 
close  the  branch  of  the  Exchange  Bank  of  Virginia  at  Weston,  ’’ 
with  a recommendation  that  it  pass,  with  an  amendment  striking 
out  of  the  14th  line  of  section  2,  the  figures  “ 1863  ” and  inserting 
“ 1862,  ” and  it  was  read  the  second  time  and  ordered  to  its  third 
reading,  the  amendment  being  adopted. 

Mr.  Dix,  from  the  Committee  on  Education,  reported  back  House 
Bill  No.  75,  entitled  “A  Bill  to  transfer  certain  lands  in  Ohio 
county  to  the  boards  of  education  of  certain  townships  therein,  ’’ 
recommending  its  passage  ; and  it  was  read  the  second  time,  and 
ordered  to  its  third  reading. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
back  Senate  Bill  No.  50,  entitled  “ A Bill  for  the  relief  of  married 
women  in  insuring  the  lives  of  their  husbands,  ” recommending  its 
passsge,  with  the  following  amendment : 

At  the  end  of  the  first  section  strike  out  the  words  “ two  hundred 
dollars,  ” and  insert  in  lieu  thereof,  the  words  “ one  hundred  and 
fifty  dollars.” 

The  amendment  was  agreed  to,  the  bill  read  the  second  time  and 
ordered  to  be  engrossed. 

Mr.  Price,  from  the  Committee  on  Townships,  reported  back 
Senate  Bill  No.  63,  entitled  “ A Bill  to  transfer  the  Point  Pleasant 
Academy  to  the  board  of  education  of  Lewis  township,  in  Mason 


Journal  of  the  Senate.  Ill 

county,  ” recommending  its  passage,  with  the  following  amend- 
ment : 

Insert  after  the  word  “ deed,  ” in  the  third  line  the  words  “ or 
otherwise  (provided  it  does  not  interfere  with  prior  right  held  by 
any  other  person.)” 

The  amendment  was  adopted,  the  bill  read  the  second  time,  and 
ordered  to  be  engrossed. 

Senate  Bill  No.  47,  entitled  “ A Bill  relating  to  the  schools  ol 
Wheeling  and  parts  of  townships  connected  therewith,  ” on  its 
second  reading,  was,  on  Motion  of -Mr.  Dix,  recommitted. 

Mr.  Burdett,  presented  a resolution  adopted  by  the  West  Virgi- 
nia Oil  and  Mining  Association  in  favor  of  the  adoption  of  the  joint 
resolution  proposing  to  present  a suitable  medal  to  Gen.  Samuel 
Karns,  as  the  first  discoverer  of  oil  in  this  State,  which  was  read 
and  laid  on  the  table. 

Mr.  Wright,  by  leave,  introduced  Senate  Bill  No.  67,  entitled  “A 
Bill  in  relation  to  the  Guyandotte  Navigation  Company,”  which 
was  read  the  first  time,  and  referred  to  the  Committee  on  Internal 
Improvements  and  Navigation. 

On  motion  of  Mr.  O’Brien,  House  Bill  No.  32,  entitled  “A  Bill 
making  an  appropriation  to  Robertson  Cook,  ” was  taken  up,  and 
re-committed. 

Senate  Bill  No.  54,  entitled. “A  Bill  for  the  relief  of  the  Over- 
seers of  the  Poor  of  the  county  of  Brooke,”  was  read  the  third  time* 
and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Chambers,  Chap- 
line,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 18. 

Nays — None. 

Senate  Bill  No.  51,  entitled  “ A Bill  to  abolish  the  office  of 
county  Treasurer,  ” was  read  the  third  time,  and  rejected  by  the 
following  vote  : 

Yeas — Messrs.  Burdett,  Corley,  Dix,  Hagar,  Hawkins,  Hay- 
mond, Maxwell,  O’Brien  and  Slack — 9. 

Nays — Messrs.  Stevenson,  (President,)  Chambers,  Chapline, 
Duval,  Kitchen,  Mahon,  Peck,  Price  and  Wright — 9. 

Absent — Mr.  Burley. 

Mr.  Burley,  subsequently  coming  in,  Mr.  Price,  moved  that  the 
vote  rejecting  said  bill  be  reconsidered,  which  was  agreed  to,  and 
the  question  again  recurring  on  the  passage  of  the  bill,  the  vote 
resulted  as  follows  : 

Yeas — Messrs.  Burdett,  Burley,  Corley,  Dix,  Hagar,  Hawkins, 
Haymond,  Maxwell,  O’Brien  and  Slack — 10. 

Nays — Messrs.  Stevenson,  (President,)  Chambers,  Chapline, 
Duval,  Kitchen,  Mahon,  Peck,  Price  and  Wright — 9. 


112 


Journal  of  the  Senate. 


The  President  decided  that  the  bill  was  rejected,  as  it  had  not 
received  the  affirmative  vote  of  a majority  of  the  members  elected 
to  the  Senate,  as  contemplated  by  the  37th  section  of  the  4th  article 
of  the  Constitution. 

From  this  decision  of  the  President  Mr.  Burley  appealed  ; and 
the  question  then  being  “ shall  the  decision  of  the  chair  be  sustain- 
ed ? ” Mr.  Peck  demanded  the  yeas  and  nays,  which  were  ordered, 
and  taken. 

The  Yeas  were — Messrs.  Burdett,  Chapline,  Corley,  Dix,  Duval, 
Hagar,  Haymond,  Kitchen,  Mahon,  Maxwell,  O’Brien,  Peck  and 
Price — 13. 

The  Nays  were — Messrs.  Burley,  Chambers,  Hawkins,  Slack  and 
Wright— 5. 

The  President  declined  to  vote. 

So  the  decision  of  the  chair  was  sustained. 

Mr.  Burdett,  moved  to  take  up  Senate  Joint  Resolution  No.  10, 
“ Endorsing  the  reconstruction  policy  of  President  Johnson,  ” and 
upon  the  motion  demanded  the  yeas  and  nays,  which  were  ordered 
and  taken. 

The  Yeas  were — Messrs.  Burdett,  Haymond,  O’Brien  an5 
Peck— 4. 

The  Nays  were — Messrs.  Stevenson,  (President,)  Burley,  Cham- 
bers, Corley,  Dix,  Duval,  Hagar,  Hawkins,  Kitchen,  Mahon, 
Maxwell,  Price,  Slack  and  Wright — 15. 

So  the  Senate  refused  to  take  up  the  resolution. 

The  Senate  then  adjourned. 


THURSDAY,  February  22,  1866. 

The  Senate  was  opened  with  prayer  by  Rev.  J.  W.  Faggart. 

The  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates,  | 
February  21,  1866.  j 

The  Plouse  has  this  day  passed  Senate  Bill  No.  53,  “ A Bill  to 
relinquish  to  the  Maryland  and  Virginia  Bridge  Company  the 
stock  in  said  Company  belonging  to  the  State  ; ” agreed  to  the 
amendments  proposed  by  the  Senate  to  House  Bill  No.  30,  “ A Bill 
to  provide  for  a re-assessment  of  the  value  of  all  the  real  estate 
within  this  State,  ” and  adopted  the  substitute  proposed  by  the 
Senate  for  House  Bill  No.  59,  “ A Bill  to  prevent  further  taxation 
of  soldier’s  property  for  bounty  purposes,  ” with  the  following 
amendments,  in  which  it  respectfully  asks  concurrence  : 

1.  Strike  out  of  line  1 the  words  “ sum  or  sums  of  money,  ” and 
insert  in  lieu  thereof,  the  word  “ taxes.  ” 


Journal  of  the  Senate.  1.13 

2.  Add  at  the  end  of  the  substitute  the  words  “ nor  to  any 
person  who  served  as  a quartermaster  or  commissary.  ” 

It  has  also  passed  and  respectfully  asks  the  concurrence  of  the 
Senate  in 

House  Bill  No.  19,  “ A Bill  in  relation  to  evidence  in  actions 
involving  the  title  to  lands.  ” 

House  Bill  No.  73,  “A  Bill  to  relieve  the  securities  of  Joshua 
H.  Staats,  late  Sheriff  of  Jackson  county.  ” 

House  Bill  No.  92,  “A  Bill  supplemental  to  the  act  establishing 
the  county  of  Mineral.  ” 

House  Bill  No.  116,  “ A Bill  to  provide  for  the  repair  of  the  roads 
and  bridges  throughout  the  State.  ” 

House  Bill  No.  117,  “ A Bill  prescribing  the  standard  weight  of 
bituminous  coal.  ” 

House  Bill  No.  118,  “ A Bill  concerning  marriages  between 
colored  persons.  ” 

House  Bill  No.  121,  <!  A Bill  for  the  relief  of  John  B.  Baum- 
gardner. ” 

House  Bill  No.  122,  “ A Bill  to  authorize  the  Board  of  Trustees 
of  the  Presbyterian  Church  of  Buckhannon  to  sell  a certain  lot,”  and 

House  Bill  No.  124,  “ A Bill  to  repeal  a part  of  section  2 of 
chapter  58  of  the  Code  of  Virginia.  ” 

Wm.  P.  Hubbard, 

Clerk  House  of  Delegates. 

The  Senate  agreed  to  the  1st  of  said  amendments  to  House  Bill 
No.  59,  and  disagreed  to  the  second. 

The  other  House  Bills  named  in  said  communication  were  read 
the  first  time,  and  Nos.  19,  117  and  118  referred  to  the  Committee 
on  the  Judiciary ; Nos.  122  and  124  to  the  Committee  on  Banks 
and  Corporations  ; Nos.  73  and  121  to  the  Committee  on  Finance 
and  Claims  ; No.  9^  was  referred  to  the  Committee  on  Townships  ; 
and  No.  116  to  the  Committee  on  Internal  Improvements  and 
Navigation. 

Senate  Bill  No.  63,  entitled  “ A Bill  to  transfer  the  Point  Pleas- 
ant Academy  to  the  Board  of  Education  of  Lewis  township  in 
Mason  county,  ” was  read  the  third  time,  and  passed  with  its  title  ; 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Ilaymond, 
Kitchen,  Mahon,  Maxwell,  O’Brien,  Peck,  Slack  and  Wright — 18. 

Nays — None. 

Senate  Bill  No.  50,  entitled  “ A Bill  for  the  benefit  of  married 
women  in  insuring  the  lives  of  their  husbands,  ” was  read  the  third 
time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  Maxwell,  O’Brien,  Peck,  Slack  and  Wright — 18. 

Nays — None. 

15 


114  Journal  of  the  Senate. 

House  Bill  No.  56,  entitled  “ A Bill  to  consolidate  the  towns  of 
Moundsville  and  Elizabethtown,  ” was  read  the  third  time,  and 
passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  Maxwell,  O’Brien,  Peck,  Slack  and  Wright — 18. 

Nays — None. 

House  Bill  No.  65,  entitled  “ A Bill  to  provide  punishment  for 
the  cutting  down,  injuring  or  destroying  trees  or  shrubs,  ” was 
read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Duval,  Hagar,  Hawkins,  Kitchen,  Slack  and 
Wright— 12. 

Nays — Messrs.  Dix,  Playmond,  Mahon,  Maxwell,  O’Brien  and 
Peck — 6. 

On  motion  of  Mr.  Maxwell,  the  title  to  said  bill  was  amended  by 
adding  thereto  the  words  “ or  taking  or  destroying  any  fruit,  or 
garden  or  farm  product.  ” 

The  bill  as  amended  was  then  passed. 

House  Bill  No.  75,  “A  Bill  to  transfer  certain  lands  in  Ohio 
county  to  the  Boards  of  Education  in  certain  townships  therein,  ” 
was  read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  Maxwell,  O’Brien,  Peck,  Price,  Slack  and 
Wright — 19. 

Nays — None. 

House  Bill  No.  77,  entitled  “ A Bill  to  repeal  chapter  eight  of 
the  acts  of  1865,  ” was  read  the  third  time,  and  passed  with 
its  title 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  Maxwell,  O’Brien,  Peck,  Price,  Slack  and 
Wright — 19. 

Nays — None. 

House  Bill  No.  80,  entitled  “ A Bill  to  dissolve  and  close  the 
Branch  of  the  Exchange  Bank  of  Virginia,  at  Weston,  ” was  read 
the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  O’Brien,  Feck,  Price,  Slack  and  Wright — 18. 

Nays — Mr.  Maxwell — 1. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
back  Senate  Bill  No.  55,  entitled  “ A Bill  to  provide  counsel  for 


Journal  of  the  Senate.  115 

the  poor,  ” with  a substitute  therefor,  entitled  “ A Bill  to 
compensate  counsel  for  the  poor  in  criminal  cases.  ” 

Mr.  Maxwell,  also  reported  back  Senate  Bill  No.  25,  entitled  “ A 
Bill  allowing  appeals  from  the  Board  of  Supervisors  in  certain 
cases,”  recommending  its  passage  with  an  amendment,  striking 
out  the  last  section. 

Mr.  Maxwell  also  reported  back  Senate  Bill  No.  4,  entitled  “ A 
Bill  to  amend  an  act  passed  March  1st,  1865,  entitled  * An  act  in 
relation  to  the  Statutes  of  Limitation,  ’ ” recommending  its  passage, 
with  an  amendment,  inserting  after  the  word  “proceeding.”  in 
the  2d  line  of  the  section  as  proposed  to  be  re-enacted,  the  words 
“ writ  of  error,  supersedeas.  ” 

Mr.  Maxwell  also  reported  back  Senate  Bill  No.  12,  entitled  “ A 
Bill  to  authorize  the  Judge  of  the  Ninth  Judicial  Circuit  of  West 
Virginia  to  fill  official  vacancies  in  his  circuit,  ” recommending  its 
passage. 

Mr.  Maxwell  also  reported  .back  Senate  Bill  No.  41,  entitled  “ A 
Bill  to  relieve  judgment  debtors,”  and  Senate  Bill  No.  45,  “A 
Bill  to  prevent  intoxication,  ” and  Senate  Bill  No.  59,  entitled  “ A 
Bill  to  amend  the  license  law,  ” recommending  that  they  do  not  pass. 

Mr.  Maxwell  also  reported  back  Senate  Bill  No.  17,  entitled  “ A 
Bill  to  admit  the  testimony  of  interested  parties  in  civil  actions,  ” 
without  any  recommendation  as  to  its  passage,  but  with  an  amend- 
ment, adding  a new  section  as  follows: 

“4.  This  act  shall  not  apply  to  suits  pending  at  the  time  of  its 
passage.  ” 

Mr.  Maxwell  also  reported  back  House  Bill  No.  58,  entitled  “ A 
Bill  to  regulate  the  registration  of  voters,  ” with  a recommenda- 
tion that  it  pass  ; and  he  also  reported  back  House  Bill  No.  102, 
entitled  “A  Bill  in  relation  to  the  Statutes  of  Limitations,” 
recommending  that  it  do  not  pass. 

Mr.  Chapline,  from  the  Committee  on  Banks  and  Corporations, 
reported  back  House  Bill  No.  90,  entitled  “ A Bill  to  amend  and 
re-enact  the  first  section  of  an  act  passed  February  1st,  1847, 
entitled  ‘ An  act  to  incorporate  the  male  and  female  academy  of 
Buckhannon,”  recommending  its  passage;  and  it  was  read  the 
second  time,  and  ordered  to  its  third  reading. 

Mr.  Chapline,  by  leave,  introduced  Senate  Bill  No.  68,  entitled 
“ A Bill  legalizing  the  acts  of  John  M.  Smith,  ” and  Senate  Bill 
No.  69,  entitled  “ A Bill  to  amend  and  re-enact  the  8th  and  9th 
sections  of  chapter  93  of  the  acts  of  1863,  ” which  were  each  read 
the  first  time,  referred  to  the  Committee  on  the  Judiciary,  and  their 
printing  dispensed  with. 


ii6  Journal  of  the  Senate. 

Mr.  Kitchen,  by  leave,  introduced  Senate  Bill  No.  70,  entitled 
“ A Bill  to  prevent  suits  in  certain  cases,  ” which  was  read  the  first 
time,  and  referred  to  the  Committee  on  the  Judiciary,  and  its 
printing  dispensed  with. 

On  motion  of  Mr.  Chapline, 

Resolved , That  the  Committee  on  the  Judiciary  be  requested  to 
inquire  into  the  condition  of  the  Berkeley  Springs,  and  the  propri- 
ety of  appointing  new  Trustees  to  protect  the  State’s  interest  in 
the  said  property. 

Mr.  Burley,  from  the  Committee  on  Internal  Improvements  and 
Navigation,  reported  back  Senate  Bill  No.  15,  entitled  “A  Bill  to 
incorporate  the  Wayne  County  Coal  and  Iron  Railway  Company,  ” 
recommending  the  adoption  of  the  House  of  Delegate’s  substitute 
therefor. 

The  substitute  was  agreed  to. 

A message  from  the  House  of  Delegates,  by  Mr.  McWhorter, 
announced  that  it  was  ready  to  execute  the  joint  order,  the  celebra- 
tion of  the  birthday  of  Washington,  and  invited  the  Senate  to  the 
Hall  of  the  House  of  Delegates. 

Mr.  Chapline  moved  that  the  Senate  proceed  in  a body  to  the 
Hall  of  the  House  of  Delegates ; and  the  motion  having  been 
agreed  to,  the  Senate  proceeded  to  the  House,  where  the  Farewell 
Address  of  George  Washington  was  read  by  Mr.  Mairs. 

Subsequently  the  Senate  returned  to  its  chamber,  and  resumed 
its  business. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims, 
reported  back  House  Bill  No.  88,  entitled  “ A Bill  for  the  relief  of 
Francis  H.  Peirpoint, ” recommending  its  passage;  and  it  was  read 
the  second  time,  and  ordered  to  its  third  reading. 

Mr.  Burdett  also  reported  back  House  Bill  No.  87,  entitled  “ A 
Bill  to  dispense  with  the  assessment  of  back  taxes  in  certain 
counties,  ” recommending  its  passage  ; and  the  bill  coming  up  on 
its  second  reading, 

Mr.  Maxwell  moved  that  it  be  amended,  by  inserting  after  the 
word  u and,”  in  the  3d  line  of  the  1st  section,  the  words  “ the 
assessment,  ” and  by  inserting  after  the  word  “ the  ” in  the  7th 
line  of  the  2d  section,  the  words  “ assessment  of  the,  ” and  by 
striking  out  of  the  same  line  “ have,”  and  inserting  “ has.” 

The  said  amendments  were  all  adopted. 

Mr.  Wright  moved  to  amend  the  1st  line  of  the  second  section,  by 
inserting  before  the  word  “ persons  ” the  word  “ loyal,”  and 
before  the  word  “ property,”  same  line,  the  word  “ their  ; ” but 
the  motion  was  lost. 

The  bill  was  then  read  the  second*  time,  and  ordered  to  its  third 
reading. 


Journal  of  the  Senate.  117 

On  motion  of  Mr.  Chapline,  the  Senate  took  a recess  until 
half-past  two  o’clock. 

AFTERNOON  SESSION. 

The  Senate  re-assembled. 

House  Bill  No.  102,  entitled  “ A Bill  in  relation  to  the  Statutes 
of  Limitations,  ” which  the  Committee  recommended  should  not 
pass,  coming  up,  and  the  question  being  upon  its  second  reading, 
it  was  decided  in  the  negative. 

So  the  bill  was  defeated. 

House  Bill  No.  58,  entitled  “A  Bill  to  regulate  the  registration 
of  voters,  ” coming  up  on  its  second  reading, 

Mr.  Peck  moved  to  amend  the  3d  section  by  striking  out  all  after 
the  end  of  the  sentence  in  the  26th  line,  to  the  word  “ provided  ” 
in  the  37th  line. 

But  pending  the  consideration  of  the  said  amendment, 

On  motion  of  Mr.  Price,  the  bill  was  laid  on  the  table. 

The  Senate  then  adjourned. 


FRIDAY,  February  23,  1866. 

The  Senate  met  at  the  usual  hour,  and  after  prayer  by  Rev. 
Mr.  Hervey,  the  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates,  \ 
Wheeling , February  22,  1866.  J 

The  House  has  this  day  passed  Senate  Bill  No.  42,  “ A Bill  to 
amend  section  12  of  chapter  80  of  the  acts  of  1865.” 

Senate  Bill  No.  56,  “A  Bill  in  relation  to  actions  of  detinue,  ” 
and 

Senate  Bill  No.  64,  “ A Bill  in  relation  to  the  sixth  and  seventh 
judicial  circuits  and  the  times  for  holding  the  terms  of  the  circuit 
courts  therein,  ” has  passed 

Senate  Bill  No.  21,  “ A Bill  to  incorporate  the  town  of  Ceredo 
in  the  county  of  Wayne,  ” with  an  amendment  striking  out  of 
section  1,  line  3,  the  word  “ eighty  ” and  inserting  in  lieu  thereof 
the  word  “ forty,  ” in  which  amendment  it  asks  the  concurrence  of 
the  Senate. 

It  has  adopted  and  respectfully  asks  concurrence  in  a substitute 
for 

Senate  Bill  No.  28,  “ A Bill  for  the  establishment  and  regulation 
of  the  West  Virginia  Agricultural  College,  ” and  have  passed  and 
asks  concurrence  in 

House  Bill  No.  36,  “ A Bill  providing  for  the  establishment  of  a 
system  of  free  schools,  ” and 


118 


Journal  of  the  Senate, 

House  Bill  No.  70,  “A  Bill  to  establish  and  settle  a part  of  the 
boundary  line  between  the  counties  of  Barbour  and  Upshur.” 

Wm.  P.  Hubbard, 

Cleric  House  of  Delegates. 

The  amendment  proposed  by  the  House  "to  Senate  Bill  No.  21, 
entitled  “ A Bill  to  incorporate  the  town  of  Ceredo  in  the  county 
of  Wayne,  ” was  concurred  in  by  the  Senate. 

On  motion  of  Mr.  Peck,  the  House  substitute  for  Senate  Bill  No. 
28,  “ A Bill  for  the  establishment  and  regulation  of  the  West 
Virginia  Agricultural  College,  ” was  tabled. 

Said  House  Bills  Nos.  86  and  70,  were  read  the  first  time,  and 
the  first  was  referred  to  the  Committee  on  Education,  and  the 
second  to  the  Committee  on  Townships. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
back  the  following  bills,  with  a recommendation  that  they  pass  : 

House  Bill  No.  74,  entitled  “ A Bill  to  provide  for  obtaining 
grants  for  lands  where  the  entries  are  lost  or  destroyed  ; ” 

House  Bill  No.  93,  entitled  “ A Bill  to  establish  the  eleventh 
senatorial  district  out  of  a part  of  the  tenth ; ” 

House  Bill  No.  95,  entitled  “A  Bill  to  change  the  times  of 
holding  the  courts  in  the  eighth  judicial  circuit 

House  Bill  No.  108,  entitled  “ A Bill  to  amend  and  re-enact  the 
first  section  of  an  act  entitled  ‘ An  Act  authorizing  the  present  and 
former  sheriffs  of  Ohio  county  to  pay  certain  moneys  to  the  treasu- 
rer of  Ritchie  and  other  townships  in  said  county,  ’ passed  Febru- 
ary 16,  1865  and 

House  Bill  No.  110,  entitled  “ A Bill  to  amend  section  1 of  chap- 
ter 78  of  the  acts  of  the  General  Assembly  of  Virginia,  passed 
February  18,  1862.” 

The  first  named  bill  was  amended  by  striking  out  of  line  37,  the 
word  “ cancelled,  ” and  inserting  “ caveated.  ” 

Each  of  said  bills  was  then  read  the  second  time,  and  ordered  to 
be  read  the  third  time. 

Mr.  Price,  from  the  Committee  on  Townships,  reported  back 
House  Bill  No.  106,  entitled  “ A Bill  to  authorize  the  Supervisors 
of  Hampshire  county  to  borrow  money,  ” recommending  its  pas- 
sage; and  it  was  amended  by  striking  out  “ten  thousand,”  and 
inserting  “twenty  thousand,”  and  read  the ’second  time,  and 
ordered  to  its  third  reading. 

Mr.  Peck,  by  leave,  introduced  Senate  Bill  No.  71,  “A  Bill  in 
relation  to  Justices  and  the  Municipal  Courts  of  Wheeling,  ” which 
was  read  the  first  time,  and  referred  to  the  Committee  on  the 
Judiciary. 

Mr.  Burley,  by  leave,  introduced  Senate  Bill  No.  72,  entitled  “ A 
Bill  relating  to  Insurance  Companies  not  incorporated  by  this 
State,”  which  was  read  the  first  time,  and  referred  to  the  Committee 
on  Banks  and  Corporations. 


119 


Journal  of  the  Senate. 

Mr.  Hagar  presented  the  petition  of  Meredith  Wells,  of  Raleigh 
county,  praying  relief  on  account  of  damages  inflicted  by  rebels, 
which  was  read,  and  referred  to  the  Committee  on  Finance  and 
Claims. 

The  following  bills  were  read  the  second  time,  and  ordered  to  be 
engrossed  : 

Senate  Bill  No.  65,  entitled  “ A Bill  to  provide  for  the  care  of 
the  State  Law  Library.  ” 

Senate  Bill  No.  66,  entitled  “A  Bill  in  relation  to  oaths  of 
suitors;”  and 

Senate  substitute  for  Senate  Bill  No.  55,  entitled  “ A Bill  to 
compensate  counsel  for  the  poor  in  criminal  cases,4’  the  substitute 
being  first  adopted. 

Senate  Bill  No.  4,  entitled  “ A Bill  to  amend  an  act  passed 
March  1,  1865,  entitled  1 An  act  in  relation  to  the  Statutes  of  Lim- 
itation, ” coming  up  on  its  second  reading,  the  amendment  pro- 
posed bv  the  Committee  was  adopted  ; the  bill  read  the  second 
time,  and  ordered  to  be  engrossed. 

Senate  Bill  No.  12,  entitled  “ A Bill  to  authorize  the  Judge  of 
the  Ninth  Judicial  Circuit  of  West  Virginia  to  fill  official  vacancies 
in  his  circuit,  ” coming  up  on  its  second  reading,  it  was  amended 
on  motion  of  Mr.  Maxwell,  by  inserting  after  the  word  f<  Green- 
brier, ” in  the  8th  line,  the  word  44  Monroe.  ” 

The  bill  was  then  read  the  second  time,  and  ordered  to  be 
engrossed. 

The  following  bills  the  Senate  refused  to  read  the  second  time, 
the  Judiciary  Committee  having  recommended  that  they  do  not 
pass : 

Senate  Bill  No.  41,  entitled  “A  Bill  to  relieve  judgment  debtors 

Senate  Bill  No.  45.  entitled  41  A Bill  to  prevent  intoxication  and 

Senate  Bill  No.  59,  entitled  44  A Bill  to  amend  the  license  law.  ” 

The  Senate  also  refused  to  read  the  second  time,  Senate  Bill  No. 
17,  entitled  44  A Bill  to  admit  testimony  of  interested  parties  in 
civil  actions.  ” 

The  amendment  proposed  by  the  Committee  to  Senate  Bill  No. 
25,  entitled  44  A Bill  allowing  appeals  from  the  Board  of  Supervisors 
in  certain  cases,”  was  adopted. 

And  on  motion  of  Mr.  Burley,  the  bill  was  laid  on  the  table. 

House  Bill  No.  87,  entitled  44  A Bill  to  dispense  with  the  assess- 
ment of  back  taxes  in  certain  counties,  ” on  its  third  reading, 
was  amended  by  the  unanimous  consent  of  the  Senate,  by  adding 
at  the  end  of  the  first  section,  the  words  44  except  that  the  land  of 
all  non-residents,  which  is  situated  in  any  such  county,  shall  be 
assessed.  ” 

The  bill  was  then  read  the  third  time,  and  passed  with  its  title  : 


120 


Journal  of  the  Senate. 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  Maxwell,  O’Brien,  Peck,  Price  and  Slack — 18. 

Nays — Mr.  Wright — 1. 

House  Bill  No.  88,  entitled  “ A Bill  for  the  relief  of  Francis  H. 
Peirpoint,  ” was  read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  Maxwell,  Peck,  Price,  Slack  and  Wright — 18. 

Nays — None. 

House  Bill  No.  90,  entitled  “ A Bill  to  amend  and  re-enact  the 
first  section  of  an  act  passed  February  1,  1847,  entitled  ‘An  act  to 
incorporate  the  male  and  female  academy  of  Buckhannon,  ” was 
read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  Maxwell,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None.  , 

On  motion  of  Mr.  Chapline,  the  Senate  took  a recess  until 
half-past  two  o’clock,  P.  M. 

AF'TEBNOON  SESSION. 

The  Senate  re-assembled. 

Mr.  Chapline,  from  the  Committee  on  Banks  and  Corporations, 
reported  back  Senate  Bill  No.  72,  entitled  “ A Bill  relating  to 
Insurance  Companies  not  incorporated  by  this  State,  ” recommend- 
ing its  passage. 

On  motion  of  Mr.  Chapline,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  said  bill  put  upon  its  second  reading 
this  day. 

But  on  motion  of  Mr.  Peck,  the  bill  was  laid  on  the  table. 

On  motion  of  Mr.  Corley, 

House  Bill  No.  42,  entitled  “ A Bill  to  establish  a permanent 
seat  of  government  for  the  State  of  West  Virginia,  ” was  taken 
from  the  table. 

And  the  question  recurring  upon  the  motion  of  Mr.  Stevenson, 
pending  when  the  bill  was  tabled,  that  the  further  consideration  of 
the  bill  be  postponed  indefinitely,  upon  which  the  yeas  and  nays 
were  ordered,  and  taken  : 

The  Yeas  were — Messrs.  Stevenson,  (President,)  Chapline,  Dix, 
Duval,  Hawkins,  Haymond,  Mahon,  Maxwell,  Peck,  Price  and 
Slack— 11. 

The  Nays  were — Messrs.  Burdett,  Burley,  Chambers,  Corley, 
Hagar,  Kitchen,  O’Brien  and  Wright — 8. 

So  the  further  consideration  of  the  bill  was  postponed  indefinitely. 


121 


Journal  of  the  Senate. 

Mr.  Maxwell,  by  leave,  introduced  Senate  Bill  No.  73,  entitled 
“ A Bill  to  regulate  the  charges  for  publishing  orders  of  publica- 
tion and  other  notices  required  in  legal  proceedings,  ” which  was 
read  the  first  time. 

On  motion  of  Mr.  Maxwell,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  said  bill  read  the  second  time  this 
day,  and  ordered  to  be  engrossed. 

On  motion  of  Mr.  Price,  House  Bill  No.  58,  entitled  “ A Bill  to 
regulate  the  registration  of  voters,  ” was  taken  up. 

The  question  recurred  upon  the  motion  of  Mr.  Peck,  pending 
•when  the  bill  was  tabled,  to  strike  out  of  the  third  section  all  after 
the  end  of  the  sentence  in  the  26th  iine,  to  the  word  “ provided,  ” 
in  the  37th  line. 

But  Mr.  Maxwell  offered  as  a substitute  the  following  : 

Insert  before  the  word  “provided  ” in  the  37th  line,  the  words  : 

“ and  shall  forthwith  notify  said  applicant  in  writing,  that  his  name 
is  excluded,  assigning  briefly  the  reason  therefor.  ” 

The  substitute  was  adopted,  when  Mr.  Peck  withdrew  his  motion. 

Mr.  Burdett  renewed  the  motion  of  Mr.  Peck,  and  demanded 
the  yeas  and  nays  thereon,  and  they  were  ordered  and  taken  : 

The  Yeas  were — Messrs.  Burdett,  Haymond,  O’Brien  and 
Price — 4. 

The  Nays  were — Messrs.  Stevenson,  (President,)  Burley,  Cham-  # 
bers,  Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Kitchen, 
Mahon,  Maxwell,  Slack  and  Wright — 14. 

So  the  amendment  was  rejected. 

Mr.  Burdett  then  moved  to  strike  out  of  the  3d  section  all  after 
the  word  “ swear,  ” in  the  6th  line,  to  the  word  “ that,  ” in  the 
16th  line  ; but  the  motion  did  not  prevail. 

On  motion  of  Mr.  Maxwell,  the  following  was  added  at  the  end 
of  the  3d  section  : 

“And  provided,  further,  that  every  person  shall  be  registered 
who  will  be  entitled  to  vote  at  the  first  election  occurring  after  the 
registration,  by  reason  of  his  arriving  at  twenty-one  years  of  age 
before  that  time,  or  by  reason  of  his  having  then  resided  for  a 
sufficient  length  of  time  in  his  election  district,  provided  that  he  is 
otherwise  qualified  according  to  the  provisions  of  this  section.  ’’ 

Mr.  Maxwell  moved  that  all  the  bill  be  re-committed,  but  the 
motion  was  decided  in  the  negative. 

Mr.  Burley  moved  that  the  bill  be  made  the  special  order  for 
to-morrow  at  101  o’clock,  which  was  agreed  to. 

Mr.  Peck,  by  leave,  introduced  Senate  Bill  No.  74,  entitled  “ A 
Bill  to  incorporate  the  Wheeling  and  Moundsville  Turnpike 


16 


122 


Journal  of  the  Senate. 

Company.  ’’  which  was  read  the  first  time,  its  printing  dispensed 
with,  and  referred  to  the  Committee  on  Internal  Improvements 
and  Navigation. 

On  motion  of  Mr.  Burley, 

Resolved , That  the  Committee  on  Humane  and  Criminal  Institu- 
tions inquire  into  the  expediency  of  reporting  a bill  to  prevent 
the  destruction  of  game  and  fish  during  the  summer  months. 

On  motion  of  Mr.  Maxwell,  House  Bill  No.  15,  entitled  “ A Bill 
to  provide  for  the  sale  of  real  estate  returned  delinquent  for  the 
non-payment  of  taxes,  ” was  taken  from  the  table,  on  its  second 
reading. 

On  motion  of  Mr.  Maxwell,  the  22d  section  was  amended  by 
striking  out  all  after  the  -word  “paid,”  line  10,  to  the  word 
“ upon,  ” line  15. 

On  motion  of  Mr.  Maxwell,  the  following  section  was  added  at 
the  end  of  the  bill  : 

“ 33.  Lands  sold  in  the  year  1865,  lor  the  non-payment  of  taxes, 
shall  be  redeemed  according  to  the  provisions  of  this  act,  and  if 
not  so  redeemed,  conveyances  shall  be  made  to  the  purchasers 
thereof,  according  to  the  provisions  of  this  act.” 

And  pending  the  further  consideration  of  this  bill, 

The  Senate  adjourned. 


SATURDAY,  February  24,  1866. 

The  Senate  met  at  the  usual  hour,  and  after  prayer  by  Rev. 
Mr.  Taggart,  the  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates,  \ 
Rebruary  23,  1866.  / 

The  House  has  this  day  passed  Senate  Bill  No.  49,  “ A Bill 
changing  the  times  of  holding  the  terms  for  its  civil  business  of  the 
Municipal  Court  of  Wheeling,  ” with  the'  following  amendments 
in  which  it  asks  concurrence  : 

1.  Strike  out  all  after  “ terms  ” section  “ 13  ” line  4 to  the  end  of 
line  6 and  insert  in  lieu  thereof  the  words  “ eight  times  in  each 
year,  that  is  to  say;  on  the  third  Monday  of  April,  June,  July, 
August,  September,  November,  January  and  February,  commencing 
on  the  third  Monday  in  April.” 

2.  Add  at  the  end  of  section  “ 13  ” the  following  : 

“ But  if  any  such  term  be  not  commenced  on  the  day  hereby 
appointed  or  the  Tuesday  or  Wednesday  next  after  the  same,  all 
suits  and  proceedings  then  pending  therein  shall  stand  continued 
without  any  special  order  to  that  effect  to  the  succeeding  term.” 


Journal  of  the  Senate . 123 

The  House  has  agreed  to  the  amendments  proposed  by  the  Senate 
to 

House  Bill  No.  56,  “ A Bill  to  consolidate  the  towns  of  Mounds- 
ville  and  Elizabethtown.” 

House  Bill  No.  65,  “ A Bill  to  provide  punishment  for  the  cutting 
down,  injuring  or  destroying  trees  or  shrubs.” 

House  Bill  No.  77,  “ A Bill  to  repeal  chapter  8 of  the  acts  of 
1865,”  and 

House  Bill  No.  80,  “A  Bill  to  dissolve  and  close  the  Branch  of 
the  Exchange  Bank  of  Virginia,  at  Weston,” 

Insists  on  its  second  amendment  to  the  substitute  proposed  by 
the  Senate  for  House  Bill  No.  59,  “A  Bill  to  prevent  further  taxa- 
tion of  soldiers  property  for  bounty  purposes,  ” and  requests  a 
committee  of  conference  thereon,  Messrs.  Hagans,  Curtis  and 
Witcher  being  appointed  on  such  committee  on  the  part  of  the 
House. 

The  House  has  passed  and  respectfully  asks  the  concurrence  of 
the  Senate  in 

House  Bill  No.  38,  “ A Bill  for  the  relief  of  John  D.  Payne.” 
House  Bill  No.  82,  “ A Bill  amending  the  charter  of  the  town  of 
Grafton.” 

House  Bill  No.  100,  “ A Bill  for  the  relief  of  the  securities  of 
William  Grass  late  sheriff'  of  Putnam  county.” 

House  Bill  No.  119,  “ A Bill  to  amend  and  re-enact  the  6th  and 
8th  sections  of  an  act  to  incorporate  the  town  of  St.  Mary  in  the 
county  of  Wood,  and  for  other  purposes.” 

House  Bill  No.  123,  “ A Bill  to  amend  an  act  to  incorporate  the 
town  of  Piedmont  in  the  county  of  Mineral  (late  Hampshire.)” 
House  Bill  No.  125,  “ A Bill  to  incorporate  the  Potomac  and 
Piedmont  Coal  and  Pailway  Company.” 

House  Bill  No.  126,  “ A Bill  to  incorporate  the  West  Virginia 
Agricultural  Society.” 

House  Bill  No.  129,  “ A Bill  supplemental  to  the  act  establishing 
the  county  of  Grant.” 

House  Bill  No.  134,  “A  Bill  to  authorize  the  Board  of  Public 
Works  to  audit  claims  against  the  State  of  Virginia.” 

House  Bill  No.  130,  “A  Bill  for  the  relief  of  Home  Guards,” 
and 

House  Bill  No.  135,  “ A Bill  to  regulate  the  summoning  of 
jurors.” 

Wm.  P.  Hubbard, 
Cleric  House  of  Delegates . 

On  motion  of  Mr.  Peck,  the  Senate  concurred  in  the  amendments 
proposed  by  the  House  to  said  Senate  Bill  No.  49;  and  it  insisted 
on  its  disagreement  to  the  2d  amendment  proposed  by  the  House 
to  the  Senate  Substitute  for  House  Bill  No.  59,  entitled  “‘A  Bill  to 
prevent  further  taxation  of  soldiers  property  for  county  purposes 


124 


Journal  of  the  Senate. 

agreed  to  the  appountment  of  a conference  committee  thereon,  and 
appointed  on  the  part  of  the  Senate  Messrs.  Duval  and  Mahon. 

Said  House  Bills  were  read  the  first  time,  and  No.  38,  100  and 
134  referred  to  the  Committee  on  Finance  and  Claims;  No.  82,  119, 
123  and  126  to  the  Committee  on  Banks  and  Corporations  ; No.  129 
was  referred  to  the  Committee  on  Townships;  No.  130  to  the  Com- 
mittee on  Military  Affairs;  No.  135  to  the  Judiciary;  and  125  to 
the  Committee  on  Internal  Improvements  and  Navigation. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims,  report- 
ed back  the  following  bills  recommending  their  passage  : 

House  Bill  No.  32,  entitled  “ A Bill  making  an  appropriation  to 
Robertson  Cook  ;” 

House  Bill  No.  73,  entitled  “A  Bill  to  relieve  the  securities  of 
Joshua  H.  Staats  late  sheriff  of  Jackson  county;” 

House  Bill  No.  107,  entitled  “A  Bill  for  the  relief  of  Amos 
Samples  of  Upshur  county;” 

House  Bill  No.  Ill,  entitled  “A  Bill  concerning  the  fiscal  year;’ 
and 

House  Bill  No.  121,  entitled  “A  Bill  for  the  relief  of  John  B. 
Baumgardner.” 

Mr.  Price,  from  the  Committee  on  Townships,  reported  back 

House  Bill  No.  92,  entitled  “ A Bill  supplemental  to  the  act 
establishing  the  county  of  Mineral,”  recommending  its  passage  . 
and 

House  Bill  No.  GO,  entitled  “ A Bill  removing  the  county  seat  of 
Calhoun  county,  ” recommending  that  it  do  not  pass. 

Mr.  Burley,  from  the  Committee  on  Internal  Improvements  and 
Navigation,  reported  back 

House  Bill  No.  116,  entitled  “ A Bill  to  provide  for  the  repair  of 
the  Roads  and  Bridges  throughout  the  State,  ” with  a recommenda- 
tion that  it  pass,  with  the  following  amendment : 

Insert  after  the  word  “ state,  ” near  the  end  of  the  bill  the  words 
“ the  Kanawha  turnpike  and  the  Northwestern  Virginia  turnpike.” 

Mr.  Burley,  also  reported  back  Senate  Bill  No.  74,  entitled  “ A 
Bill  to  incorporate  the  Wheeling  and  Moundsville  turnpike  Com- 
pany, ” recommending  its  passage. 

Mr.  Chapline,  from  the  Corfnnittee  on  Banks  and  Corporations^ 
reported 'back  House  Bill  No.  122,  entitled  “ A Bill  to  authorize 
the  board  of  trustees  of  the  Presbyterian  Church  of  Buckhannon  to 
sell  a certain  lot,  ” and  House  Bill  No.  124,  entitled  “ A Bill  to 
repeal  a part  of  section  2,  of  chapter  58  of  the  code  of  Virginia,  ” 
recommending  their  passage. 

Mr.  Dix,  from  the  Committee  on  Education,  reported  back  House 
Bill  No.  36,  entitled  “ A Bill  providing  for  the  establishment  of  a 


Journal  of  tlie  Senate . 125 

system  of  Free  Schools,  ” recommending  its  passage  with  the  follow- 
ing amendments  : 

1.  Strike  out  of  line  8,  section  15,  the  words  “ inhabitants  of.  ” 

2.  In  section  30,  line  1,  strike  out  “ fourth  Thursday  of  October  ” 
and  insert  “day  of  annual  township  election,  ” and  in  line  5,  strike 
out  “ November,  ” and  insert  “ June.” 

Mr.  O’Brien,  presented  three  petitions  praying  the  passage  of  a 
prohibitory  liquor  law,  which  were  read  and  referred  to  the  Com- 
mittee on  the  Judiciary. 

The  hour  of  ten  and  a half  o’clock,  having  arrived,  the  special 
order,  that  being  the  consideration  of  House  Bill  No.  58,  “ A Bill 
to  regulate  the  Registration  of  voters,  ” was  taken  up. 

Mr.  Slack  offered  the  following  amendments,  which  were  adopted  : 

1.  Strike  out  of  section  3,  line  3,  the  words  “in  addition  thereto,” 
and  insert  in  lieu  thereof  “ if  he  has  any  doubt  as  to  such  persons 
loyalty,  he  ” 

2.  Strike  out  of  the  3d  section  all  after  the  end  of  the  sentence 
in  the  26th  line,  to  the  word  “provided  ” in  the  37th  line,  includ- 
ing the  amendment  inserted  yesterday,  before  the  word  “ provided,” 
and  insert  at  the  end  of  the  8th  section  the  following : “ It  shall  be 
the  duty  of  the  county  board  of  Registration  to  examine  such  book, 
and  if  they  are  satisfied  that  any  person  has  been  registered,  who 
has  been  guilty  of  any  of  the  acts  enumerated  in  the  affidavit  con- 
tained in  the  third  section  of  this  act  or  is  in  any  way  disqualified 
to  vote  under  the  provisions  thereof,  it  shall  be  the  duty  of  the 
said  board,  upon  proof  of  any  such  act  or  disqualification,  to  exclude 
the  name  of  such  person  from  the  list  of  registered  voters.  But 
the  party  whose  name  is  proposed  to  be  excluded,  shall  have  due 
notice  of  the  time  and  place  of  taking  the  evidence  to  prove  his 
disqualification,  which  evidence  he  shall  have  the  right  to  rebut 
and  shall  have  his  name  restored  to  such  list  if  improperly  stricken 
therefrom.” 

3.  Strike  out  of  the  7th  line  of  the  5th  section  (engrossed  bill) 
the  word  “ twentieth,  7 and  insert  “ fourteenth.” 

4.  Strike  out  of  the  1st  line  of  section  8,  the  words  “ within  the” 
and  insert  “ at  least  ” and  make  the-  same  amendment  in  the  2d 
line  of  the  same  section,  and  strike  out  of  the  last  two  lines  of  said 
section  the  words  “ before  seven  o’clock  on  the  morning  of  the  elec- 
tion.” 

The  bill  was  then  read  the  second  time  and  ordered  to  its  third 
reading. 

On  motion  of  Mr.  Burley,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  the  bill  read  this  day  the  third  time, 
and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Chap- 
line,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Kitchen,  Mahon,  Price, 
Slack  and  Wright  — 14. 


126 


Journal  of  the  Senate. 

Nays — Messrs.  Burdett,  Haymond,  O’Brien  and  Peck. — 4. 

On  motion  of  Mr.  Mahon,  the  Senate  took  a recess  until  half 
past  two  o’clock. 

AFTERNOON  SESSION. 

The  Senate  re-assembled. 

Senate  Bill  No.  4,  entitled  “ A Bill  to  amend  an  act  passed  March 
1st,  1865,  entitled  ‘An  Act  in  relation  to  the  Statutes  of  limita- 
tions,’ ” was  read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen,  Mahon, 
O’Brien,  Peck  and  Price. — 14. 

Nays — None. 

Senate  Bill  No.  12,  “ A Bill  to  authorize  the  Judge  of  the  Ninth 
Judicial  Circuit  of  West  Virginia  to  fill  official  vacancies  in  his 
Circuit,  was  read  the  third  time,  and  passed  with  its  title  : 

Yeas— Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen,.  Mahon, 
O’Brien,  Peck,  Price  and  Slack — 15. 

Nays — None. 

Senate  Bill  No.  65,  entitled  “A  Bill  to  provide  for  the  care  of 
the  State  law  library,”  was  read  the  third  time,  and  passed  with 
its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen,  Mahon, 
O’Brien,  Peck,  Price  and  Slack — 15. 

Nays — None. 

Senate  Bill  No.  55,  entitled  “ A Bill  to  compensate  counsel  for 
the  poor  in  criminal  cases,  ” was  read  the  third  time,  and  passed 
with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen,  Mahon 
O’Brien,  Peck  Price  and  Slack — 15. 

Nays — None. 

Senate  Bill  No.  66,  entitled  “ A Bill  in  relation  to  oaths  of 
suitors,  ” was  read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen,  Mahon, 
O’Brien,  Peck,  Price  and  Slack — 15. 

Nays — Mr.  Corley — 1. 

Senate  Bill  No.  73,  entitled  “ A Bill  to  regulate  the  charges  for 
publishing  orders  of  publication  and  other  notices  required  in  legal 
proceedings,  ” was  read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen,  Mahon, 
O’Brien,  Peck  and  Price — 14. 

Nays — None. 


127 


Journal  of  the  Senate. 

House  Bill  No.  74,  “A  Bill  to  provide  for  obtaining  Grants  for 
Lands  where  the  entries  are  lost  or  destroyed,  ” was  read  the  third 
time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Havmond,  Kitchen, 
Mahon,  O’Brien,  Peck,  Price  and  Slack — 16. 

Nays — None. 

House  Bill  No.  93,  “ A Bill  to  establish  the  eleventh  Senatorial 
district  out  of  a part  of  the  tenth,  ” was  read  the  third  time,  and 
passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck,  Price  and  Slack — 16. 

Nays — None. 

House  Bill  No.  95,  “ A Bill  to  change  the  times  of  holding  the 
courts  in  the  eighth  Judicial  circuit,  ” was  read  the  third  time,  and 
passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

House  Bill  No.  106,  “ A Bill  to  authorize  the  board  of  Supervi- 
sors of  Hampshire  county  to  borrow  money,  ” was  read  the  third 
time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Kitchen,  Mahon, 
O’Brien,  Peck,  Price,  Slack  and  Wright — 16. 

Nays — Mr.  Haymond — 1. 

House  Bill  No.  110,  “ A Bill  to  amend  section  1 of  chapter  78  of 
the  acts  of  the  General  Assembly  of  Virginia,  passed  February  13} 
1862,  ” was  read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck,  Price,  and  Slack — 16. 

Nays — None. 

House  Bill  No.  108,  “ A Bill  to  amend  and  re-enact  the  first  sec- 
tion of  an  act  entitled  ‘An  Act  authorizing  the  present  and  former 
Sheriffs  of  Ohio  county  to  pay  certain  moneys  to  the  Treasurers  of 
Ritchie  and  other  townships  in  said  county,’  passed  February  16, 
1865,”  was  read  the  third  time  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 


128 


Journal  of  the  Senate. 

House  Bill  No.  32,  “ A Bill  making  an  appropriation  to  Robert- 
son Cook,”  was  read  the  second  time,  and  ordered  to  its  third 
reading. 

House  Bill  No.  73,  “A  Bill  to  relieve  the  securities  of  Joshua 
H.  Staats,  late  Sheriff’  of  Jackson  county,  and  his  sureties,”  was 
read  the  second  time,  and  ordered  to  its  third  reading. 

On  motion  of  Mr.  Hawkins,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose  and  said  bill  read  this  day  the  third 
time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

House  Bill  No.  92,  “ A Bill  supplemental  to  the  Act  establishing 
the  county  of  Mineral,”  was  read  the  second  time,  and  ordered  to 
its  third  reading. 

On  motion  of  Mr.  Chapline,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  said  bill  read  the  third  time  and  passed 
with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

House  Bill  No.  122,  “A  Bill  to  authorize  the  board  of  trustees 
of  the  Presbyterian  Church  of  Buckhannon  to  sell  a certain  lot,” 
was  laid  on  the  table,  on  motion  of  Mr.  O’Brien. 

House  Bill  No.  107,  “ A Bill  for  the  relief  of  Amos  Samples,  of 
Upshur  county 

House  Bill  No.  Ill,  “ A Bill  concerning  the  fiscal  year 

House  Bill  No.  121,  “ A Bill  for  the  relief  of  John  B.  Bumgard- 
ner,”  and 

House  Bill  No.  124,  “A  Bill  to  repeal. a part  of  section  2,  of 
chapter  58,  of  the  Code  of  Virginia,”  were  read  the  second  time 
and  ordered  to  their  third  reading. 

The  amendment  proposed  by  the  committee  to  House  Bill  No. 
116,  “ A Bill  to  provide  for  the  repair  of  the  roads  and  bridges 
throughout  the  State,”  was  adopted,  the  bill  read  the  second  time, 
and  ordered  to  its  third  reading. 

House  Bill  No.  60,  “A  Bill  removing  the  county  seat  of  Calhoun 
county,”  coming  up  on  its  second  reading,  the  Senate  refused  to 
read  it  the  second  time,  the  committee  having  recommended  that 
it  do  not  pass. 

So  the  bill  was  defeated. 


129 


Journal  of  the  Senate. 

The  amendments  proposed  by  the  committee  to  House  Bill  No. 
36,  “A  Bill  providing  for  the  establishment  of  system  of  Free 
Schools,”  were  adopted,  the  bill  read  the  second  time,  and  ordered 
to  its  third  reading. 

On  motion  of  Mr.  Ohapline,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  said  bill  read  this  day  the  third  time 
and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Chap- 
line,  Corley,  Dix,  Hagar,  Hawkins,  Kitchen,  Mahon,  Peck,  Price, 
Slack  and  Wright — 14. 

Nays — Messrs.  Burdett,  Haymond  and  O’Brien — 3. 

Senate  Bill  No.  74,  “A  Bill  to  incorporate  the  Wheeling  and 
Moundsville  Turnpike  Company,”  was  read  the  second  time,  and 
ordered  to  be  engrossed;  and  being  forthwith  engrossed, 

On  motion  of  Mr.  Burley,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  said  bill  read  the  third  time,  and  passed 
with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

On  motion  of  Mr.  Burley,  Senate  Bill  No.  72,  “A  Bill  relating  to 
Insurance  Companies  not  incorporated  by  this  State,”  was  taken 
* from  the  table,  read  the  second  time,  and  ordered  to  be  engrossed  ; 
and  being  forthwith  engrossed, 

On  motion  of  Mr.  Burley,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  said  bill  read  the  third  time,  and  passed 
with  its  title. 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Price,  Slack  and  Wright — 16. 

Nays — Mr.  Peck — 1. 

The  Senate  then  adjourned. 


. MONDAY,  February  26,  1866. 

The  Senate  met  at  the  usual  hour,  and  was  opened  with  prayer  by 
Rev.  Mr.  Brockunier,  after  which  the  journal  of  Saturday  was 
read  and  approved. 


17 


130  Journal  of  the  Senate. 


The  following  communication  was  received  from  the  House  of 
Delegates : 


Clerk’s  Office,  House  of  Delegates,  ) 
Wheeling , Leb.  24,  1866.  / 

The  House  has  this  day  passed  Senate  Bill  No.  54,  “ A Bill  for 
the  relief  of  the  Overseers  of  the  Poor  of  the  county  of  Brooke,  ” 
and  agreed  to  the  amendments  proposed  by  the  Senate  to  House 
Bill  No.  87,  “ A Bill  to.  dispense  with  the  assessment  of  back  taxes 
in  certain  counties;  ” for  Senate  Bill  No.  39,  “ A Bill  constituting 
the  bank  of  certain  streams  in  Morgan  county  a lawful  fence,  ” it 
has  adopted  a substitute,  entitled  “ A Bill  constituting  the  bank  of 
the  Potomac  River  in  Morgan  county  a lawful  fence,  ” in  which  it 
asks  the  concurrence  of  the  Senate,  and  it  has  passed  and  asks  con- 
currence in  House  Bill  No.  109,  “ A Bill  to  provide  for  the  payment 
of  certain  military  claims  therein  mentioned.  ” 


Wm.  P.  Hubbard, 
Clerk  House  of  Delegates. 


The  Senate  adopted  the  House  substitute  for  Senate  Bill  No.  39, 
named  in  said  communication,  and  said  House  Bill  No.  109,  was 
read  the  first  time,  and  referred  to  the  Committee  on  Military 
Affairs. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
back  House  Bill  No.  8,  “A  Bill  to  amend  the  law  relating  to 
the  maintenance  of  illegitimate  children,  ” House  Bill  No.  9,  “ A 
Bill  to  amend  the  law  in  relation  to  the  competency  of  witnesses,  ” 
House  Bill  No.  52,  “ A Bill  to  amend  and  re-enact  the  1st  section 
of  chapter  5 of  the  acts  of  1864,  ” and  House  Bill  No.  53,  “ A Bill 
to  amend  and  re-enact  a part  of  the  first  section  of  chapter  20  of 
the  acts  of  the  General  Assembly  of  Virginia,  passed  at  Richmond 
in  1861,”  Senate  Bill  No.  71,  “A  Bill  in  relation  to  Justices  and 
the  Municipal  Court  of  Wheeling  ; ” and  Senate  Bill  No.  9,  “ A 
Bill  in  relation  to  certain  deeds  in  Monroe  county,  ” with  a 


M 


substitute  therefor,  with  the  same  title. 

Mr.  Maxwell,  from  the  same  Committee,  reported  Senate  Bill 
No.  75,  “ A Bill  in  relation  to  the  undetermined  cases  in  the 
Supreme  Court  of  Appeals  of  Virginia,  belonging  to  this  State.  ” 
Mr.  Maxwell  also  reported  Senate  Joint  Resolution  No.  11. 
Resolved , by  the  Legislature  of  West  Virginia  ■: 

That  Henry  Berry,  Charles  Boarman,  John  T.  Siler,  Aaron  Bech- 
tol,  Thomas  Tritterpoo,  Wm.  H.  Baker,  B.  M.  Kitchen,  Wm. 
Waugh,  Joseph  S.  Wheat,  Henry  Buzzard,  James  W.  Robinson,  A. 
R.  McQuilkin,  Wm.  Smith  of  Tuscarora,  George  Koonce,  Joseph 
A.  Ohapline,  J.  S.  McKevitts  and  James  D.  Fayman,  be  and  are 
hereby  appointed  Trustees  of  the  Berkeley  Springs  situated  in 
Morgan  county. 

The  resolution  lies  over  one  day. 


131 


Journal  of  the  Senate. 

Mr.  Burdett,  from  the  Committee  on  Military  Affairs,  reported 
back  House  Bill  No.  130,  “ A Bill  for  the  relief  of  Home  Guards,  ” 
recommending  its  passage. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims,  report- 
ed adversely  upon  the  claim  of  Meredith  Wells.  The  report  was 
adopted. 

Mr.  Price,  from  the  Committee  on  Enrolled  bills,  reported  that 
the  Committee  had  examined  the  following  bills  and  joint  resolu- 
tions, and  found  them  correctly  enrolled  : 

An  act  to  amend  and  re-enact  sections  3d  and  4th  of  chapter  102 
of  the  Code  of  Virginia,  second  edition. 

An  act  legalizing  the  payment  of  money  by  Superintendents  of 
schools  to  trustees  of  counties  for  the  use  of  free  schools. 

An  act  amending  section  44  of  chapter  100  of  the  acts  of  1863. 

An  act  to  extend  the  time  allowed  the  civil  officers  of  the 
counties  of  Pendleton,  Hardy  and  McDowell  in  which  to  qualify 
and  give  bond. 

An  act  for  the  relief  of  James  A.  Ewing. 

An  act  to  authorize  the  release  of  mortgages,  deeds  of  trust,  and 
other  recorded  liens. 

An  act  establishing  the  county  of  Mineral  out  of  a part  of  the 
county  of  Hampshire. 

An  act  to  amend  and  re-enact  section  16  of  chapter  184,  Code  of 
Virginia,  second  edition. 

An  act  to  amend  .an  act  entitled  “ An  act  creating  a board  for 
the  examination  of  certain  military  claims,  ” passed  February  25th, 
1865. 

An  act  to  amend  and  re-enact  section  64  of  chapter  100  of  the 
acts  of  1863. 

An  act  to  amend  the  charter  of  the  town  of  Clarksburg. 

An  act  to  protect  State  and  local  bounties  for  volunteers  in  the 
service  of  the  United  States  and  this  State,  against  attachment  and 
levy  for  debt. 

An  act'  to  authorize  the  sale  of  a lot  in  or  near  the  town  of 
Martinsburg. 

An  act  to  amend  and  re-enact  the  first  section  of  an  act  entitled 
“ An  act  providing  for  issuing  grants  for  lands  in  certain  cases,  ” 
passed  December  9,  1863. 

An  act  to  amend  and  re-enact  section  36,  chapter  176,  Code  of 
Virginia,  second  edition. 

An  act  amending  the  charter  of  the  town  of  Triadelphia,  in  the 
county  of  Ohio. 

An  act  appropriating  six  hundred  dollars  to  William  Alexander. 


132 


Journal  of  the  Senate. 

An  act  to  enable  the  council  of  the  city  of  Parkersburg  to  change 
the  name  of  the  streets  thereof. 

An  act  making  an  appropriation  to  the  West  Virginia  Hospital 
for  the  Insane. 

An  act  for  the  relief  of  William  E.  Lyon. 

An  act  to  regulate  ijie  salary  of  the  Reporter  of  the  Supreme 
Court  of  Appeals. 

An  act  to  incorporate  the  Wheeling  Iron  Works  and  Glenn’s 
Run  Turnpike  Company. 

An  act  to  alter  the  terms  of  the  circuit  courts  of  the  ninth 
circuit. 

An  act  to  legalize  marriages  celebrated  during  the  rebellion. 

An  act  to  repeal  the  act  giving  the  courts  of  Doddridge  and 
Ritchie  jurisdiction  in  cases  arising  in  Gilmer  or  Calhoun. 

An  act  to  amend  section  34of  chapter  118  of  the  acts  of  1863. 

An  act  prescribing  how  the  general  school  funds  shall  be  appro- 
priated to  certain  counties  in  the  year  1866. 

An  act  amending  section  94,  chapter  118  of  the  acts  of  1863. 

An  act  establishing  the  county  of  Grant  out  of  a part  of  the 
county  of  Hardy. 

An  act  in  relation  to  the  oaths  of  attorneys  at  law. 

An  act  securing  liens  to  mechanics,  laborers  and  others. 

An  act  permanently  locating  the  county  seat  of  Jefferson  county 
at  Shepherdstown. 

An  act  to  amend  the  21st  section  of  chapter  131,  of  the  acts  of 
1863. 

An  act  to  protect  literary  societies,  and  other  meetings  convened 
for  social  amusement. 

An  act  to  change  the  number  of  Adelphi  Lodge  of  the  Inde- 
pendent Order  of  Odd  Fellows  in  the  town  of  Clarksburg. 

An  act  to  authorize  the  city  council  of  Parkersburg  to  change 
the  location  of  one  of  its  streets. 

An  act  extending  the  charter  of  the  White  Sulphur  and  Sweet 
Springs  Turnpike  road. 

An  act  constituting  a certain  part  of  the  bank  of  the  Ohio  River 
within  Jackson  county  a lawful  fence. 

An  act  making  an  appropriation  for  the  Antietam  National 
Cemetery,  near  Sharpsburg,  Maryland. 

An  act  better  to  provide  for  the  distribution  of  the  acts. 

No.  1. — A Joint  Resolution  in  reference  to  printing  the 
Governor’s  message. 

No.  2. — A Joint  Resolution  referring  the  documents  accompanying 
the  Governor’s  message. 


133 


Journal  of  the  Senate. 

No.  3. — A Joint  Resolution  requesting  the  members  of  Congress 
from  this  State  to  urge  the  consent  of  Congress  to  the  transfer  of 
the  counties  of  Berkeley  and  Jefferson  to  this  State. 

No.  4. — Joint  Resolution  fixing  a time  for  the  election  of  Public 
Printer. 

No.  5. — Joint  Resolution  relating  to  the  passage  of  a law  by  Con- 
gress granting  lands  to  the  State  of  West  Virginia  to  aid  in  the 
construction  of  certain  Railroads. 

No.  6. — Joint  Resolution  authorizing  the  Governor  to  employ  an 
agent  to  visit  the  Lunatic  Asylum  in  Virginia. 

No.  7. — Joint  Resolution  providing  for  restoring  the  Statue  of 
George  Washington  to  the  State  of  Virginia. 

No.  8. — Joint  Resolution  requesting  the  members  of  Congress 
from  this  State  to  secure  the  aid  of  the  United  States  in  repairing 
roads  and  bridges  injured  during  thevwar. 

No.  9. — Joint  Resolution  relating  to  printing  the  documents 
accompanying  the  Governor’s  message. 

No.  10. — A Joint  Resolution  providing  a guard  for  the  State 
c'onvicts  in  the  jail  of  Ohio  county. 

No.  11. — A Joint  Resolution  providing  medals  of  honor  for  West 
Virginia  soldiers. 

No.  12. — A Joint  Resolution  relating  to  the  Reciprocity  Treaty 
with  England. 

No.  13. — A Joint  Resolution  agreeing  to  the  proposed  amendment 
to  the  State  constitution. 

The  report  was  adopted. 

Mr.  Chapline,  from  the  Committee  on  Banks  and  Corporations, 
reported  back  the  following  bills,  recommending  their  passage  : 

Plouse  Bill  No.  123,  “ A Bill  to  amend  an  act  to  incorporate  the 
town  of  Piedmont,  in  the  county  of  Mineral,  (late  Hampshire,  ”) 

House  Bill  No.  82,  “ A Bill  amending  the  charter  of  the  town  of 
Grafton,  ” 

House  Bill  No.  119,  “ A Bill  to  amend  and  re-enact  the  6th  and 
8th  sections  of  an  act  to  incorporate  the  town  of  St.  Mary  in  the 
county  of  Wood,  and  for  other  purposes,  ” and 

House  Bill  No.  126,  “ A Bill  to  incorporate  the  West  Virginia 
Agricultural  Society,  ” with  an  amendment,  striking  out  all  after 
“ Wheeling,  ” in  the  4th  line  of  the  3d  section. 

Mr.  Peck  presented  a resolution  of  the  City  Council  of  Wheel- 
ing remonstrating  against  the  grant  to  the  Wheeling  skating  park 
of  any  right  to  close  or  acquire  possession  of  any  of  the  streets  or 
alleys  of  the  city  of  Wheeling. 

The  resolution  was  laid  on  the  table. 


134 


Journal  of  the  Senate. 

Mr.  Slack  presented  the  petition  of  Miss  Susan  L.  McFarland 
and  one  hundred  and  forty  other  ladies  of  Kanawha  county,  pray- 
ing the  passage  of  a prohibitory  liquor  law,  which  was  referred  to 
the  Committee  on  the  Judiciary. 

Mr.  Burley,  from  the  Committee  on  Internal  Improvements  and 
Navigation,  reported  back,  with  a recommendation  that  it  pass, 
House  Bill  No.  125,  “ A Bill  to  incorporate  the  Potomac  and  Pied- 
mont Coal  and  Iron  Railroad  Company.”  The  bill  was  read  the 
second  time,  and  ordered  so  be  read  the  third  time. 

On  motion  of  Mr.  Maxwell,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  said  bill  read  the  third  time  and 
passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Pe<jfk,  Slack  and  Wright — 17. 

Nays — None. 

Mr.  Chapline,  by  leave,  introduced  Senate  Bill  No.  76,  “ A Bill 
for  the  relief  of  citizens  of  Morgan  county,”  which  was  read  the 
first  time,  and  referred  to  the  Committee  on  Finance  and  Claims. 

Mr.  Hawkins  offered  Senate  Joint  Resolution  No.  12,  as  follows  : 
Resolved  by  the  Legislature  of  West  Virginia  : 

That  the  Governor  shall  appoint  three  disinterested  persons  as 
Commissioners,  one  from  each  Congressional  district,  whose  duty  it 
shall  be,  after  first  being  sworn  for  that  purpose,  to  examine  the 
various  proposed  locations  for  a permanent  seat  of  government,  as 
to  their  geographical  position,  means  of  access,  quantities  of  build- 
ing material,  the  relation  of  each  to  the  population  and  business 
of  the  State,  and  such  other  facts  connected  therewith  as  in  their 
judgment  will  enable  the  Legislature  to  fix  upon  a proper  place 
for  the  Capitol  of  the  State,  and  report  the  result  of  their  invest- 
igations to  the  next  Legislature  at  the  opening  of  its  -session. 

The  rule  was  suspended,  and  the  resolution  taken  up. 

Mr.  Chambers  moved  so  to  amend  as  to  elect  two  Commissioners 
from  each  Congressional  district,  and  one  from  the  State  at  large  ; 
but  the  motion  was  lost. 

Mr.  Corley  moved  that  one  be  elected  from  each  Senatorial 
district,  but  this  motion  also  failed. 

On  motion  of  Mr.  Haymond,  the  word  “ Governor”  was  stricken 
out,  and  the  words  “ Legislature  at  the  present  session,”  inserted. 

On  motion  of  Mr.  Maxwell,  the  words  “ and  residing  as  remotely 
from  the  centre  of  the  State  as  may  be,”  were  inserted  after  the 
word  “ district.” 

The  resolution  was  then  adopted. 


135 


Journal  of  the  Senate. 

House  Bill  No.  15,  “ A Bill  to  provide  for  the  sale  of  real  estate 
returned  delinquent  for  the  non-payment  of  taxes,”  the  unfinished 
business  of  Friday  last,  which  was  accidentally  overlooked  on 
Saturday,  coming  up, 

On  motion  of  Mr.  Burley,  the  first  section  was  amended  by 
adding  at  the  end  thereof,  the  words,  “ The  interest  mentioned  in 
this  section  shall  not  be  charged  on  any  tax  on  land  not  returned 
delinquent.” 

The  bill  was  then  read  the  second  time,  and  ordered  to  its  third 
reading. 

On  motion  of  Mr.  Burley,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  said  bill  was  read  the  third  time, 
and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Mahon,  Maxwell,  O’Brien,  Peck,  Slack  and  Wright — 16. 

Nays — None. 

House  Bill  No.  32,  Bill  making  an  appropriation  to  Robert- 
son Cook,”  was  read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck,  Slack  and  Wright — 16. 

Nays — None. 

House  Bill  No.  107,  “A  Bill  for  the -relief  of  Amos  Samples  of 
Upshur  county,”  was  read  the  third  time,  and  passed  with  its  title: 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Mahon, 
Maxwell,  O’Brien,  Peck,  Slack  and  Wright — 16. 

Nays — None. 

House  Bill  No.  Ill,  “ A Bill  concerning  the  fiscal  year,”  was 
read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar, 'Hawkins,  Haymond,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Slack  and  Wright — 17. 

Nays — None. 

House  Bill  No.  116,  “ A Bill  to  provide  for  the  repair  of  the 
roads  and  bridges  throughout  the  State,”  was  amended,  by  unani- 
mous consent  of  the  Senate,  on  motion  of  Mr.  Chapline,  by  adding 
at  the  end  of  the  bill  the  words  “ Provided  that  this  act  shall  not 
apply  to  the  Maryland  and  Virginia  Bridge  Company,”  read  the 
third  time,  and  passed  with  its  title  : 


136 


Journal  of  the  Senate. 

Yeas — Messrs.  Burdett,  Burley,  Chambers,  Chapline,  Corley, 
Dix,  Hagar,  Hawkins,  Ilaymond,  Kitchen,  Mahon,  O'Brien,  Peck, 
Slack  and  Wright — 15. 

Nays — Messrs.  Stevenson,  (President,)  and  Maxwell — 2. 

House  Bill  No.  121,  "A  Bill  for  the  relief  of  John  B.  Baumgard- 
ner,” was  read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck,  Slack  and  Wright — 16. 

Nays — None. 

House  Bill  No.  124,  “A  Bill  to  repeal  a part  of  section  2 of  chapter 
58  of  the  Code  of  Virginia,”  was  read  the  third  time,  and  passed 
witk  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Furley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hager,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck,  Slack  and  Wright — 16. 

Nays— None. 

House  Bill  No.  8,  " A Bill  to  amend  the  law  relating  to  the  main- 
tenance of  illegitimate  children,”  was  laid  on  the  table,  on  motion 
of  Mr.  Chapline.  ^ 

On  motion  of  Mr.  Maxwell,  the  Senate  took  a recess  until  half 
past  two  o’clock. 

afternoon  session. 

The  Senate  re-assembled. 

House  Bill  No.  9,  “A  Bill  to  amend  the  law  in  relation  to  the 
competency  of  witnesses,”  was  read  the  second  time,  and  ordered  to 
its  third  reading. 

House  Bill  No.  52,  "A  Bill  to  amend  and  re-enact  the  1st  section 
of  chapter  5 of  the  Acts  of  1864,”  was  read  the  second  time,  and 
ordered  to  its  third  reading. 

Blouse  Bill  No.  53,  “A  Bill  to  amend  and  re-enact  a part  of  the 
1st  section  of  chapter  20  of  the  Acts  of  the  General  Assembly  of 
Virginia,  passed  at  Richmond  in  1861,”  was  amended  on  motion  of 
Mr.  Hawkins,  by  striking  out  of  the  7th  line  "thirty,”  and  inserting 
"sixty,”  and  by  inserting  after  "minister,”  in  the  6th  line,  the 
words  "or  other  person.”  The  bill  was  read  the  second  time,  and 
ordered  to  its  third  reading. 

House  Bill  No.  119,  "A  Bill  to  amend  and  re-enact  the  6th  and 
8th  sections  of  an  Act  to  incorporate  the  town  of  St.  Mary,  in  the 
county  of  Wood,  and  for  other  purposes,”  was  read  the  second  time 
and  ordered  to  its  third  reading. 

House  Bill  No.  82,  "A  Bill  amending  the  charter  of  the  town  of 
Grafton,”  was  amended  on  motion  of  Mr.  Burdett,  by  striking  out 


Journal  of  the  Senate.  137 

of  the  5th  line  of  the  1st  section,  the  words  “with  said  road  and 
line,’’  and  inserting  in  lieu  thereof  the  words  “but  excluding  the 
property  of  John  K.  Knotts.”  The  bill  was  then  read  the  second 
time,  and  ordered  to  its  third  reading. 

House  Bill  No.  123,  “A  Bill  to  amend  an  Act  to  incorporate  the 
town  of  Piedmont,  in  the  county  of  Mineral,  (late  Hampshire,”) 
was  read  the  second  time,  and  ordered  to  its  third  reading. 

House  Bill  No.  126,  “A  Bill  to  incorporate  the  West  Virginia 
Agricultural  Society,”  was  amended  on  motion  of  Mr.  Stevenson, 
(Mr.  Chapline  in  the  chair,) — the  amendment  of  the  committee 
having  been  rejected — by  striking  out  of  the  6th  line  of  the  1st 
section  the  words  “West  Virginia,”  and,  on  motion  of  Mr.  Burley, 
by  inserting  in  the  blank  the  words  “North  West  Virginia.” 

The  bill  was  then  read  the  second  time,  and  ordered  to  be  read 
the  third  time. 

On  motion  of  Mr.  Peck,  the  case  being  urgent,  and  three-fourths 
of  the  members  present  consenting  thereto,  the  rule  was  suspended 
for  the  purpose,  and  said  bill  read  the  third  time,  and  passed  with 
its  title  ; 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymona,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Slack  and  Wright — 17. 

Nays — None. 

House'Bill  No.  130,  “A  Bill  for  the  relief  of  Home  Guards,”  was 
amended  on  motion  of  Mr.  Peck,  by  striking  out  all  after  the 
enacting  clause,  and  inserting  the  following: 

1.  No  suit  or  action  shall  be  maintained  in  the  courts  of  this 
State  against  any  person  for  any  act  done  in  the  suppresson  of  the 
late  rebellion;  and  it  shall  be  a sufficient  defense  to  such  suit  or 
action,  to  show  that  such  act  was  done  in  obedience  to  the  orders, 
or  by  the  authority  of  any  civil  or  military  officer  of  this  State,  of 
the  reorganized  government  of  Virginia,  or  the  Government  of  the 
United  States;  or  that  said  act  was  done  in  aid  of  the  purposes 
and  policy  of  said  authorities,  in  retarding,  checking  and  suppress- 
ing the  late  rebellion. 

On  motion  of  Mr:  Burley,  the  said  bill  was  further  amended  by 
adding  the  following  additional  section  : 

2.  All  suits  brought,  or  that  may  hereafter  be  brought,  against 
the.  State  or  Home  Guards  to  recover  back  the  sum  or  sums  collected 
as  aforesaid,  and  paid  to  the  parties  robbed  as  aforesaid,  shall  be 
dismissed  at  the  plaintiffs  cost. 

The  bill  was  then  read  the  second  time,  and  ordered  to  its  third 
reading. 

On  motion  of  Mr.  Chapline,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
18 


138  Journal  of  the  Senate. 

suspended  for  the  purpose,  and  said  bill  read  the  third  time,  and 
passed  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Chap- 
line,  Corley,  Hagar,  Hawkins,  Kitchen,  Mahon,  Peck,  Price  and 
Slack— 12. 

Nays — Messrs.  Burdett,  Dix,  Haymond  and  O’Brien — 4. 

The  title  was  amended  on  motion  of  Mr.  Chapline,  by  inserting 
after  the  word  “of’  the  words  “State  and,”  and,  as  amended,  the 
title  was  passed. 

Senate  Bill  No.  75,  “A  Bill  in  relation  to  the  undetermined  cases 
in  the  Supreme  Court  of  Appeals  of  Virginia,  belonging  to  this 
State,”  was  read  the  first  time. 

On  motion  of  Mr.  Peck,  the  case  being  urgent,  and  three-fourths 
of  the  members  present  consenting  thereto,  the  rule  was  suspended 
for  the  purpose,  the  bill  read  the  second  time  this  day,  and  ordered 
to  be  engrossed,  and  being  forthwith  engrossed,  on  motion  of  the 
same  gentleman,  the  rule  was  again  suspended,  the  bill  read  the 
third  time  this  day,  and  passed  with  its  title : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O'Brien,  Peck,  Price,  and  Slack — 16. 

Nays — None. 

Senate  Bill  No.  71,  “A  Bill  in  relation  to  justices  and  the  muni- 
cipal court  of  Wheeling,”  was  read  the  second  time,  and  ordered  to 
be  engrossed;  and  being  forthwith  engrossed, 

On  motion  of  Mr.  Peck,  the  case  being  urgent,  and  three-fourths 
of  the  members  present  consenting  thereto,  the  rule  was  suspended 
for  the  purpose,  the  bill  was  read  the  third  time,  and  passed  with 
its  title  : 

• Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck,  Price  and  Slack — 16. 

Nays — None. 

The  substitute  for  Senate  Bill  No.  9,  “A  Bill  in  relation  to  cer- 
tain deeds  in  Monroe  county,”  was  adopted,  the  bill  read  the  second 
time, -and  ordered  to  be  engrossed;  and  being  forthwith  engrossed, 

On  motion  of  Mr.  Peck,  the  case  being  urgent,  and  three-fourths 
of  the  members  present  consenting  thereto,  the  rule  was  suspended 
for  the  purpose,  the  bill  read  the  third  time,  and  passed  with  its 
title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Chap- 
line, Dix,  Hagar,  Hawkins,  Haymond,  Kitchen,  Mahon,  O’Brien, 
Peck,  Price  and  Slack — 14. 

Nays — Messrs.  Burdett  and  Corley.— ^2. 


139 


Journal  of  the  Senate. 

A message  from  the  House  of  Delegates  by  Mr.  Hinkle,  announced 
that  the  House  had  passed  and  asked  concurrence  in  House  Bill 
No.  158,  “A  Bill  in  relation  to  the  Statutes  of  Limitation,”  and  the 
bill  was  read  the  first  time,  and  referred  to  the  Committee  on  the 
Judiciary. 

On  motion  of  Mr.  Chambers,  Senate  Bill  No.  20,  “A  Bill  to 
amend  the  charter  of  the  West  Virginia  Central  Railway  Company,” 
was  taken  up,  and  made  the  special  order  for  to-morrow  at  11 
o’clock. 

On  motion  of  Mr.  Corley,  Senate  Bill  No.  28,  “A  Bill  for  the 
establishment  of  the  West  Virginia  Agricultural  College,”  was 
taken  up,  and  the  substitute  adopted  by  the  House,  disagreed  to. 

On  motion  of  Mr.  Maxwell,  House  Bill  No.  79,  “A  Bill  to  charter 
a road  in  Gilmer,  Ritchie  and  Tyler  counties,”  was  taken  from  the 
table,  read  the  second  time,  and  ordered  to  its  third  reading. 

On  motion  of  Mr.  O’Brien,  House  Bill  No.  122,  “A  Bill  to  author- 
ize the  board  of  trustees  of  the  Presbyterian  Church  of  Buckhannon 
to  sell  a certain  lot,”  was  taken  from  the  table,  read  the  second 
time,  and  ordered  to  its  third  reading. 

The  Senate  then  adjourned. 


TUESDAY,  February  27,  1866. 

The  Senate  met  at  the  usual  hour,  and  after  prayer  by  Rev. 
Mr.  Hervey,  the  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates,  \ 
February  26,  1866.  J 

The  House  has  this  day  agreed  to  the  amendments  proposed  by 
the  Senate  to  House  Bill  No.  36,  “A  Bill  to  provide  for  the  estab- 
lishment of  a system  of  Free  Schools,” 

House  Bill  No.  58,  “A  Bill  to  regulate  the  registration  of  voter's,” 
House  Bill  No.  74,  “A  Bill  providing  for  obtaining  grants  for 
lands  where  the  entries  are  lost  or  destroyed,”  and 

House  Bill  No.  106,  “A  Bill  to  authorize  the  Board  of  Supervi- 
sors of  Hampshire  county  to  borrow  money,” 

It  has  passed  Senate  Bill  No.  50,  “A  Bill  for  the  benefit  of  mar- 
ried women  in  insuring  the  lives  of  their  husbands,”  and  has  passed 
Senate  Bill  No.  40,  “A  Bill  to  authorize  Adam  Kuhn  and  others 
to  sink  a coal  shaft  in  the  town  of  Wellsburg,  and  for  other  pur- 
poses,” with  the  following  amendments,  in  which  it  respectfully 
asks  the  concurrence  of  the  Senate  : 

1.  Insert  as  section  4,  changing  the  number  of  the  present  sec- 
tion 4 to  5,  the  following : 


140 


Journal  of  the  Senate. 

“4.  The  aforesaid  Adam  Kuhn,  John  Tweed  and  Samuel  George, 
and  such  others  as  they  may  associate  with  them,  and  their  legal 
representatives,  shall,  in  legal  manner,  constitute  some  person  their 
attorney,  with  full  powers  to  comply  with  the  provisions  of  this 
section,  who  shall,  within  ten  days  after  the  first  day  of  January, 
April,  July  and  October  of  each  year,  make  a report  under  oath 
to  the  auditor  of  this  State,  of  the  quantity  of  coal  mined  within 
the  territory  named  in  the  first  section  of  this  act,  and  shall  pay 
into  the  treasury  of  the  State  for  the  purposes  of  education,  two 
mills  for  each  bushel  of  coal  so  mined,  and  in  default  of  com- 
pliance with  the  provisions  of  this  section,  the  privileges  granted 
in  this  act  shall  be  forfeited,  and  the  coal  privileges  herein  granted 
shall  revert  to  the  State.” 

2.  Strike  out  of  the  title  the  words  “and  for  other  purposes.” 

It  has  also  passed  and  respectfully  asks  concurrence  in  House 
Bill  No.  146,  “A  Bill  to  amend  and  re-enacjb  the  charter  of  the 
town  of  Sistersville,  in  the  county  of  Tyler,”  and 

House  Bill  No.  159,  “A  Bill  to  provide  for  submitting  to  the 
people  of  West  Virginia  the  proposed  amendment  to  the  consti- 
tution.” 

Wm.  P.  Hubbard, 
Clerk  House  of  Delegates. 

The  Senate  disagreed  to  the  amendments  proposed  by  the  House 
to  said  Senate  Bill  No.  40,  and  directed  Mr.  Burley  so  to  inform 
the  House. 

Mr.  Maxwell,  from  the  Committee  on  the  Judiciary,  reported 
back  the  following  bills,  recommending  that  they  do  not  pass : 

Senate  Bill  No.  36,  “A  Bill  to  encourage  immigration  into  West 
Virginia.” 

Senate  Bill  No.  69,  “A  Bill  to  amend  and  re-enact  the  8th  and 
9th  sections  of  chapter  93,  of  the  acts  of  1863.” 

Senate  Bill  No.  70,  “A  Bill  to  prevent  suits  in  certain  cases,” 
and 

House  Bill  No.  135,  “A  Bill  to  regulate  the  summoning  of 
jurors.” 

Mr.  Maxwell,  from  the  same  Committee,  reported  back  the  fol- 
lowing bills,  recommending  their  passage  : 

House  Bill  No.  19,  “A  Bill  in  relation  to  evidence  in  actions 
involving  the  title  to  lands.” 

House  Bill  No.  96,  “A  Bill  establishing  and  rearranging  the 
tenth  and  eleventh  judicial  circuits  of  this  state,  and  providing  for 
the  appointment  of  a judge  of  the  eleventh  circuit,” 

House  Bill  No.  117,  “A  Bill  prescribing  the  standard  weight  of 
bituminous  coal,” 

House  Bill  No.  118,  “A  Bill  concerning  marriages  between  col- 
ored persons,”  and 


141 


Journal  of  the  Senate. 

House  Bill  No.  94,  “A  Bill  fixing  the  times  of  holding  the  courts 
in  the  several  counties  of  the  tenth  and  eleventh  judicial  circuits.” 
Mr.  Maxwell,  from  the  same  Committee,  reported  back  House 
Bill  No.  54,  “A  Bill  concerning  cases  transferred  from  the  Supreme 
Court  of  Appeals  and  District  Courts  of  Virginia,  to  the  Supreme 
Court  of  Appeals  of  West  Virginia,”  recommending  its  passage 
with  an  amendment  striking  out  of  the  2d  section  all  after  the 
word  “made,”  in  line  17,  engrossed  bill. 

Mr.  Maxwell  also  reported  back  House  Bill  No.  158,  “A  Bill  in 
relation  to  the  statutes  of  limitation,”  recommending  its  passage 
with  the  following  amendments  : 

1.  Insert  after  the  word  “providing,”  line  2,  engrossed  bill,  the 
words  “in  trespass  or  case.” 

2.  Insert  after  the  word  “Morgan,”  line  10,  engrossed  bill,  the 
words  “Jefferson,  Berkeley.” 

Mr.  Maxwell  also  reported  Senate  Bill  No.  77,  “A  Bill  to  pro- 
vide indexes  to  the  journals  of  the  Senate  and  House  of  Delegates.” 
Mr.  Maxwell  also  reported  back  House  Joint  Resolution  No.  16, 
“Providing  for  reprinting  certain  acts,”  recommending  its  adoption 
with  an  amendment  inserting  after  the  word  “State,”  line  5,  the 
words  “the  schedule  accompanying  the  original  constitution  and 
the  ordinances  accompanying  the  amended  constitution.” 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims,  reported 
back  the  following  bills,  recommending  their  passage  : 

House  Bill  No.  38,  “A  Bill  for  the  relief  of  John  D.  Payne,” 
House  Bill  No.  100,  “A  Bill  for  the  Belief  of  the  securities  of 
Wm.  Grass,  late  sheriff  of  Putnam  county,”  and 

House  Bill  No.  134,  “A  Bill  to  authorize  the  Board  of  Public 
Works  to  audit  claims  against  the  State  of  Virginia.” 

Mr.  Hawkins  submitted  the  following  report,  which  was  adopted  : 
The  Committee  appointed  to  examine  the  Clerk’s  office,  beg  to 
report  that  the  office  is  in  proper  order  and  seems  to  be  carefully 
kept  and  the  papers  regularly  filed,  packed  and  endorsed. 

A.  Hawkins,  Chairman. 

February  27,  1866. 

On  motion  of  Mr.  Chapline,  Senate  Joint  Resolution  No.  12, 
“Concerning  Berkeley  Springs”  was  taken  up,  when  he  offered  the 
following  substitute  therefor,  which  was  adopted  : 

Resolved  by  the  Legislature  of  West  Virginia , 

1.  That  the  trustees  of  Berkeley  Springs  are  hereby  removed. 

2.  The  judge  of  the  tenth  judicial  circuit  is  hereby  authorized 
and  -empowered  to  appoint  twenty  loyal  trustees  for  the  said 
Berkeley  Springs,  either  from  the  old  Board  of  Trustees  or  from 
amongst  those  who  have  not  acted  as  trustees. 

3.  The  judge  of  the  tenth  judicial  circuit- is  hereby  appointed 
ex  officio,  President  of  said  Board  of  Trustees. 


142 


Journal  of  the  Senate. 

Ordered , That  Mr.  Chapline  inform  the  House  of  the  adoption 
of  said  resolution,  and  request  concurrence. 

Mr.  Burdett  offered  Senate  Joint  Resolution  No.  13,  “Providing 
for  the  printing  of  public  documents,”  as  follows : 

Resolved  by  the  Legislature  of  West  Virginia , 

1.  The  Goveruor  is  hereby  directed  to  have  printed,  before  the 
regular  meeting  of  the  Legislature  in  the  year  1867,  five  thousand 
copies  of  the  Governor’s  annual  message,  and  two  thousand  two 
hundred  and  fifty  copies  each  of  the  reports  of  the  several  officers 
required  to  report  to  the  Legislature  through  the  Governor,  and  of 
any  other  document  he  may  deem  essential  to  accompany  the 
message. 

2.  Of  the  documents  to  be  printed  as  aforesaid,  each  officer  mak- 
ing a report  shall  be  entitled  to  two  hundred  and  fifty  copies 
thereof,  and  the  Governor  to  the  same  number  of  the  message, 
reports  and  documents,  for  the  use  of  the  executive  department ; 
and  a like  number  of  the  same  to  be  bound  together  and  disposed 
of  as  the  Governor  may  direct,  and  the  residue  shall  be  distributed 
between  the  Houses  of  the  Legislature,  in  proportion  to  the  num- 
ber of  members  composing  each. 

On  motion  of  Mr.  Burdett,  the  rule  was  suspended,  the  resolu- 
tion taken  up  and  adopted. 

Ordered , That  Mr.  Burdett  inform  the  House  of  the  adoption  of 
said  resolution,  and  request  concurrence. 

On  motion  of  Mr.  Chapline, 

Resolved , That  the  Assisstant  Clerk  of  the  Senate  be  allowed 
the  additional  sum  of  forty-five  dollars,  for  services  rendered  this 
session. 

On  motion  of  Mr.  Burdett, 

Resolved , That  the  Pages  each  be  allowed  the  additional  sum  of 
twenty-five  dollars  for  services  rendered  this  session. 

On  motion  of  Mr.  Hix, 

Resolved , That  such  Senators  as  were  compelled  to  take  circuitous 
routes  in  coming  to  the  Capital,  on  account  of  ice,  or  other  causes, 
be  allowed  mileage  for  the  additional  distances  that  they  were  com- 
pelled to  travel  for  the  causes  above  stated. 

House  Bill  No.  9,  “A  Bill  to  amend  the  law  in  relation  to  the 
competency  of  witnesses,”  was  read  the  third  time,  and  passed  with 
its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Chap- 
line, Corley,  Dix,  Duval,  Ilagar,  Hawkins,  Kitchen,  Mahon,  Peck, 
Price,  Slack  and  Wright — 15. 

Nays — Messrs.  Burdett,  IPaymond  and  O’Brien — -3. 

House  Bill  No.  52,  “A  Bill  to  amend  and  re-enact  the  1st  section 
of  chapter  5 of  the  acts  of  1864,”  was  read  the  third  time  and 
passed  with  its  title  : 


143 


Journal  of  the  Senate. 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Barley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  O'Brien,  Peck,  Price,  Slack  and  Wright — 18. 

Nays — None. 

House  Bill  No.  79,  “A  Bill  to  charter  a road  in  Gilmer,  Bitchie 
and  Tyler  counties,”  was  road  the  third  time,  and  passed  with  its 
title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  O’Brien,  Peck,  Price,  Slack  and  Wright — 18. 

Nays — None. 

House  Bill  No.  82,  “A  Bill  amending  the  charter  of  the  town  of 
Grafton,”  was  read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  O’Brien,  Peck,  Price,  Slack  and  Wright  — 18. 

Nays — None. 

House  Bill  No.  53,  “A  Bill  to  amend  and  re-enact  a part  of  the 
1st  section  of  chapter  20  of  the  acts  of  the  General  Assembly  of 
Virginia,  passed  at  Richmond  in  1861,”  was  read  the  third  time, 
and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck  Price  and  Wright — 16. 

Nays — None. 

House  Bill  No.  119,  “A  Bill  to  amend  and  re-enact  the  6th  and 
8th  sections  of  an  act  to  incorporate  the  town  of  St.  Mary,  in  the 
county  of  Wood,  and  for  other  purposes,”  was  read  the  third  time 
and  passed : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck,  Price  and  Wright — 16. 

Nays — None. 

On  motion  of  Mr.  Maxwell,  the  title  was  stricken  out,  and  the 
following  inserted : “A  Bill  to  amend  the  charter  of  town  of  South 
Wheeling.”  The  title  as  amended,  was  then  passed. 

House  Bill  No.  122,  “A  Bill,  to  authorize  the  board  of  trustees 
of  the  Presbyterian  Church  of  Buckhannon  to  sell  a certain  lot,” 
was  read  the  third  time,  and  passed  with  its  title: 

Yeas. — Messrs.  Stevenson,  (President,)  Burdett,  Chambers,  Chap- 
line, Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

House  Bill  No.  123,  “A  Bill  to  amend  an  act  to  incorporate  the 
town  of  Piedmont,  in  the  county  of  Mineral,  (late  Hampshire,”) 
was  read  the  third  time,  and  passed  with  its  title  : 


144 


Journal  of  the  Senate, 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Chambers,  Chap- 
line,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck, .Price,  Slack  and  Wright — 17. 

Nays — None. 

Senate  Bill  No.  20,  “A  Bill  to  amend  the  charter  of  the  West 
Virginia  Central  Railway  Company,”  was  taken  up  as  the  special 
order  at  11  o'clock  ; and  the  question  being  on  the  substitute  offered 
by  Mr.  Burley  therefor,  it  was  rejected. 

Mr.  Burley  then  moved  that  tjie  2d  section  be  stricken  out ; but 
the  motion  did  not  prevail. 

A message  from  the  House  of  Delegates  by  Mr.  Davis,  announced 
that  that  body  had  disagreed  to  the  first  and  agreed  to  the  second 
amendment  proposed  by  the  Senate  to  House  Bill  No.  116,  “A  Bill 
to  provide  for  the  repair  of  the  roads  and  bridges  throughout 
the  State.” 

On  motion  of  Mr.  Burley,  the  Senate  receded  from  so  much  of 
its  first  amendment  to  said  bill  as  excepts  from  the  provisions 
thereof  the  North  Western  Virginia  Turnpike,  and  insisted  on  so 
much  thereof  as  excepts  the  Kanawha  Turnpike,  asked  for  a com- 
mittee of  conference,  and  appointed  thereon  on  the  part  of  the 
Senate,  Messrs.  Burley  and  Dix. 

The  Senate  took  a recess  until  half  past  two  o’clock. 

AFTERNOON  SESSION. 

The  Senate  re-assembled. 

The  consideration  of  Senate  Bill  No.  20,  “A  Bill  to  amend  the 
charter  of  the  West  Virginia  Central  Railway  Company,”  was 
resumed. 

Mr.  Maxwell  moved  that  the  words  “or  such  other  company  as 
they  shall  consolidate  with,”  be  stricken  out  of  the  3d  section, 
which  was  agreed  to. 

Mr.  Maxwell  then  offered  the  following  amendment : 

Add  at  the  end  of  section  3 : 

And  upon  the  further  condition  that  the  said  West  Virginia 
Central  Railway  Company  shall  commence  work  upon  its  road  at 
some  point  on  the  Baltimore  and  Ohio  Rail  Road,  or  on  the  North 
Western  Virginia  Railroad  at  some  point  on  the  line  of  its  road  to 
be  selected  by  itself  and  construct  and  equip  in  running  order 
twenty-five  miles  of  its  road  southwardly  in  the  direction  of 
Charleston,  simultaneously  with  that  part  of  the  road  betwmen 
Charleston  and  the  mouth  of  Sandy  River. 

If  the  said  road  is  not  completed  and  equipped  in  running  order 
in  five  years  from  the  said  first  day  of  January,  1866,  from  Coving- 
ton to  the  mouth  of  Sandy  River,  and  from  some  point  on  the 
BaltimQre  and  Ohio  Rail  Road,  or  on  the  North  Western  Virginia 


145 


Journal  of  the  Senate . 

Rail  Road,  southwardly  for  the  distance  of  twenty-five  miles  in  the 
direction  of  Charleston  as  aforesaid,  this  charter  shall  be  void  and 
cease  to  exist,  and  all  the  interest  of  the  State  in  and  to  the  Cov- 
ington and  Ohio  Rail  Road  herein  granted  to  the  Central  Virginia 
Railway  Company  shall  revert  to  the  State. 

Mr.  Burley  moved  to  amend  the  said  amendment  so  as  to  require 
the  said  company  to  commence  their  said  improvement  at  some 
point  on  the  Pennsylvania  line,  and  not  on  the  line  of  the  Balti- 
more and  Ohio  Rail  Road  or  North  Western  Virginia  Rail  Road  ; 
but  the  motion  was  not  agreed  to. 

The  said  amendment  offered  by  Mr.  Maxwell  was  rejected. 

The  further  consideration  of  said  bill  was  then  passed  by. 

The  following  bills  were  read  the  second  time,  and  ordered  to  be 
read  the  third  time  : 

House  Bill  No.  19,  “A  Bill*  in  relation  to  evidence  in  actions 
involving  the  title  to  lands.” 

House  Bill  No.  38,  “A  Bill  for  the  relief  of  John  D.  Payne.” 
House  Bill  No.  100,  “A  Bill  for  the  releif  of  the  securities  of 
Wm.  Grass,  late  sheriff  of  Putnam  county.” 

House  Bill  No.  117,  “A  Bill  prescribing  the  standard  weight  of 
bituminous  coal.” 

House  Bill  No.  118,  “A  Bill  concerning  marriages  between 
colored  persons,”  and, 

House  Bill  No.  134,  “A  Bill  to  authorize  the  Board  of  Public 
Works  to  audit  claims  against  the  State  of  Virginia.” 

The  Senate  refused  to  read  House  Bill  No.  135,  “A  Bill  to 
regulate  the  summoning  of  Jurors,”  the  second  time. 

* So  the  bill  was  defeated. 

It  also  refused  to  read  the  second  time  the  following  bills: 

Senate  Bill  No.  36,  “A  Bill  to  encourage  immigration  into  West 
Virginia.” 

Senate  Bill  No.  69,  “A  Bill  to  amend  and  re-enact  the  8th  and 
9th  sections  of  chapter  93  of  the  acts  of  1863,”  and 

Senate  Bill  No.  70,  “A  Bill  to  prevent  suits  in  certain  cases.” 

So  said  bills  were  defeated. 

The  amendment  proposed  by  the  committee  to  House  Joint  Res- 
olution No.  16,  “Providing  for  re-printing  certain  acts,”  was 
agreed  to,  and  the  resolution  adopted  as  amended. 

Ordered , That  Mr.  Maxwell  so  inform  the  House. 

Senate  Bill  No.  77,  “A  Bill  to  provide  indexes  to  the  journals  of 
the  Senate  and  House  of  Delegates,”  was  read  the  first  time,  and 
On  motion  of  Mr.  Chapline,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 


19 


146 


Journal  of  the  Senate. 

suspended  for  the  purpose,  and  said  bill  read  the  second  time,  and 
ordered  to  be  engrossed  ; and  being  forthwith  engrossed,  the  rule 
was  again  suspended  and  the  bill  passed  with  its  title: 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Hagar,  Hawkins,  Kitchen,  Mahon, 
Maxwell,  O’Brien,  Feck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

Ordered , That  Mr.  Maxwell  inform  the  House  of  Delegates 
thereof. 

The  amendment  proposed  by  the  Committee  to  House  Bill  No. 
54,  “A  Bill  concerning  cases  transferred  from  the  Supreme  Court 
of  Appeals  and  District  Courts  of  Virginia,  to  the  Supreme  Court 
of  Appeals  of  West  Virginia,”  was  agreed  to,  the  bill  read  the 
second  time,  and  ordered  to  its  third  reading. 

On  motion  of  Mr.  Maxwell,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  the  bill  read  the  third  time  and  passed 
with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 18. 

Nays — None. 

The  amendments  proposed  by  the  Committee  to  House  Bill  No. 
158,  “A  Bill  in  relation  to  the  statutes  of  limitation,”  were  adopted. 

On  motion  of  Mr.  Hawkins,  the  counties  of  Marion,  Harrison 
and  Doddridge  were  stricken  out. 

The  bill  was  then  read  the  second  time  and  ordered  to  its  third 
reading. 

On  motion  of  Mr.  Chapline,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  the  bill  read  the  third  time  and  passed 
with  its  title : 

Yeas — Messrs.  Stevenson,  (President^)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Plawkins,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 18. 

Nays — None. 

Ordered , That  Mr.  Maxwell  inform  the  House  of  the  passage  of 
the  two  bills  last  named,  and  request  concurrence  in  said  amend- 
ments. 

House  Bill  No.  94,  “A  Bill  fixing  the  times  of  holding  the 
Courts  in  the  several  counties  of  the  tenth  and  eleventh  judicial 
circuits,”  was  read  the  second  time,  and  ordered  to  its  third 
reading. 


147 


Journal  of  the  Senate . 

On  motion  of  Mr.  Maxwelll,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  said  bill  read  the  third  time  and  passed 
with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 18. 

Nays — None. 

House  Bill  No.  96,  “A  Bill  establishing  and  rearranging  the 
tenth  and  eleventh  judicial  circuits  of  this  State,  and  providing 
for  the  appointment  of  a judge  of  the  eleventh  circuit,”  was  read 
the  second  time  and  ordered  to  its  third  reading. 

On  motion  of  Mr.  Maxwell,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  said  bill  read  the  third  time  and  passed 
with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 18. 

Nays — None. 

A message  from  the  House  of  Delegates,  by  Mr.  Johnson, 
announced  that  that  body  insisted  on  its  substitute  for  Senate  Bill 
No.  28,  “A  Bill  for  the  establishment  and  regulation  of  the  West 
Virginia  Agricultural  College,”  appointed  Messrs.  Hagans,  Koonce 
and  Johnson  as  a Committee  of  Conference  thereon  on  its  part,  and 
asked  similar  action  on  the  part  of  the  Senate. 

On  motion  of  Mr.  Hagar,  the  Senate  insisted  on  its  disagreement 
to  said  substitute  and  agreed  to  appoint  a Conference  Committee. 
The  President  appointed  as  such  Committee  Messrs.  Price  and 
Mahon. 

House  .Bill  No.  159,  “A  Bill  to  provide  for  submitting  to  the 
people  of  West  Virginia  the  proposed  amendment  to  the  constitu- 
tion,” was  read  the  first  time,  and  ordered  to  its  second  reading. 

House  Bill  No.  146,  “A  Bill  to  amend  and  re-enact  the  charter 
of  the  town  of  Sistersville,  in  the  county  of  Tyler,”  was  read  the 
first  time,  and  ordered  to  its  second  reading. 

On  motion  of  Mr.  Maxwell,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  said  bill  taken  up  on  its  second 
reading. 

On  motion  of  Mr.  Burley,  it  was  amended  by  inserting  after  the 
word  “oaths,”  line  4,  section  7,  the  words  “as  required  of  officers 
by  the  act  passed  November  16,  1863,”  and 


148  Journal  of  the  Senate . 

The  bill  was  then  read  the  second  time,  and  ordered  to  its  third 
reading. 

On  motion  of  Mr.  Maxwell,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
again  suspended  for  the  purpose,  the  bill  read  the  third  time  and 
passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Chap- 
line,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Kitchen,  Mahon, 
Maxwell,  O’Brien,  Slack  and  Wright — 15. 

Nays — Mr.  Burdett — 1. 

Ordered , That  Mr.  Chapline  inform  the  House  of  the  passage  of 
said  bill,  and  ask  concurrence  in  said  amendment. 

Mr.  Burdett,  from  the  Committee  on  Finance  and  Claims,  reported 
back  House  Bill  No.  109,  “A  Bill  to  provide  for  the  payment  of 
certain  military  claims  therein  mentioned,”  and  Senate  Bill  No.  76 
“A  Bill  for  the  relief  of  the  citizens  of  Morgan  county,”  recom- 
mending their  passage. 

The  consideration  of  Senate  Bill  No.  20,  “A  Bill  to  amend  the 
charter  of  the  West  Virginia  Central  Bailway  Company,”  was 
again  resumed. 

Mr.  Burley  moved  to  amed  the  4th  section  by  inserting  after 
“Virginia,”  line  4,  the  words  “except  with  the  Baltimore  and  Ohio 
Bailroad  Company  j’"  but  the  amendment  was  rejected. 

On  motion  of  Mr.  Maxwell  the  following  was  added  as  section  5 : 

The  Legislature  reserves  the  right  to  alter  or  amend  this  act  and 
to  regulate  the  rates  of  tolls  for  transportation  and  travel  over  the 
West  Virginia  Central  Bail  way,  and  over  any  road  or  roads  with 
which  the  same  may  connect,  under  this  act,  so  that  such  rates 
shall  not  be  less  than  those  charged  on  other  railroads  in  the 
United  States  for  similar  transportation  and  travel. 

On  motion  of  Mr.  Burley,  the  bill  was  laid  on  the  table. 

The  Senate  then  adjourned. 


THUBSDAY,  February  28,  1866. 

The  Senate  met  at  the  u*sual  hour,  and  after  prayer  by  Bev.  Mr. 
Barnitz,  the  reading  of  the  journal  was  dispensed  with. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates,  ) 
'Wheeling,  February  27,  1866  j 

The  House  has  this  day  agreed  to  the  amendments  proposed  by 
the  Senate  to 

House  Bill  No.  15,  “A  Bill  to  provide  for  the  sale  of  real 
estate  returned  delinquent  for  the  non-payment  of  taxes.” 


149 


Journal  of  the  Senate. 

House  Bill  No.  54,  “ A Bill  concerning  cases  transferred  from 
the  Supreme  Court  of  Appeals  and  District  Courts  of  Virginia  to 
the  Supreme  Coart  of  Appeals  of  West  Virginia.” 

House  Bill  No.  126,  “ A Bill  to  incorporate  the  West  Virginia 
Agricultural  Society.” 

House  Bill  No.  130,  “ A Bill  for  the  relief  of  Home  Guards.” 
House  Bill  No.  146,  “ A Bill  to  amend  and  re-enact  the  charter 
of  the  town  of  Sistersville  in  the  county  of  Tyler,  ” and 

House  Bill  No.  158  “ A Bill  in  relation  to  the  Statutes  of  limita- 
tions.” 

And  it  has  indefinitely  postponed  the  further  consideration  of 
Senate  Bill  No.  40,  “ A Bill  to  authorize  Adam  Kuhn  and  others 
to  sink  a coal  shaft  in  the  town  of  Wellsburg,  and  for  other  pur- 
poses.” 

Wm.  P.  Hubbard, 

Clerk  House  of  Delegates. 

On  motion  of  Mr.  Peck,  Mr.  O’Brien,  was  permitted  to  change 
his  vote  from  the  negative  to  the  affirmative,  on  the  passage  of 
House  Bill  No.  130,  “ A Bill  for  the  relief  of  Home  Guards.” 

Mr.  Burdett  submitted  the  following,  which  was  adopted  : 

The  Committee  on  Executive  Expenditures  beg  leave  to  submit 
the  following  report  : That  we  have  examined  the  office  of  Gover- 

nor; and  everything  pertaining  to  the  same,  is  in  good  order  and 
the  accounts  have  been  accurately  kept,  and  give  full  satisfaction 
to  the  Committee. 

J . S.  Burdett,  Chairman. 

Mr.  Wright,  submitted  the  following,  which  was  adopted  : 

The  Committee  on  the  Library  upon  whom  devolves  the  duty  of 
examining  the  State  Library,  beg  leave  to  report : That  they  have 

performed  that  duty,  and  find  that  the  present  Library  of  the  State 
consists  of  Reports  and  Journals  received  from  the  Executives  of 
other  States  since  the  organization  of  the  State,  with  reports  of 
State  officers,  and  Acts  and  Journals  of  the  Legislature  of  this 
State,  and  the  United  States  Statutes  for  the  same  period.  Your 
Committee  find  that  the  number  of  volumes  is  near  five  hundred, 
not  classified,  the  number  not  being  sufficient  to* render  a classifica- 
tion practicable  or  necessary.  The  volumes  are  properly  marked 
as  the  property  of  the  State,  and  are  well  taken  care  of  in  tight 
cases.  All  which  is  respectfully  submitted. 

E.  D.  Wright,  Chairman. 

Mr.  Price,  submitted  the  following,  which  was  adopted  : 

The  Committee  of  Conference  upon  the  disagreeing  vote  of  the 
two  Houses  upon  Senate  Bill  No.  28,  respectfully  report  that  they 
have  had  the  same  under  consideration,  and  a majority  of  the  Com- 
mittee recommend  that  the  House  of  Delegates  recede  from  their 
amendment  and  agree  to  the  bill  as  it  passed  the  Senate.  All  of 
which  is  respectfully  submitted. 


Deb.  28,  1866. 


H.  Hagans,  ) . 

Wm.  Pkioe,  1 


150 


Journal  of  the  Senate. 

Mr.  Wright,  submitted  the  following,  which  was  adopted  : 

The  Committee  on  Executive  offices  beg  leave  to  report  : That 

they  have  examined  the  offices  of  the  Auditor,  Treasurer,  Secretary 
of  the  State,  Adjutant  General  and  Quartermaster  General,  and 
that  the  books,  vouchers  and  papers  and  everything  pertaining  to 
the  same  are  in  good  order,  and  that  the  accounts  in  each  of  the 
offices  have  been  accurately  kept,  and  give  entire  satisfaction  to  the 
Committee. 

E.  D.  Wright,  Chairman , 

On  the  part  of  the  Senate. 

A.  W.  Brown,  Chairman , 

On  the  part  of  the  House. 

Mr.  Burley,  from  the  Committee  on  Internal  Improvements  and 
Navigation,  reported  back  Senate  Bill  No.  67,  “A  Bill  in  relation 
to  the  Guyandotte  Navigation  Company,”  recommending  its  pas- 
sage ; and  the  bill  was  read  the  second  time  and  ordered  to  be 
engrossed  ; and  being  forthwith  engrossed, 

On  motion  of  Mr.  Hagar,  the  case  being  urgent,  and  three-fourths 
of  the  members  present  consenting  thereto,  the  rule  was  suspended 
for  the  purpose,  the  bill  read  the  third  time,  and  passed  with  its 
title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Chambers,  Chap- 
line,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Mahon,  Price, 
Slack  and  Wright — 14.' 

Nays — None. 

» 

Ordered , That  Mr.  Burdett  inform  the  House  of  Delegates 
thereof. 

Mr.  Chapline,  made  a personal  explanation  concerning  a publica- 
tion in  the  Wheeling  Register  of  this  date. 

On  motion  of  Mr.  Hawkins, 

k Resolved , That  the  local  article  in  the  Wheeling  Register  of  this 
date,  reflecting  on  the  character  of  Senator  J.  A.  Chapline,  is 
considered  by  this  body  as  a scurrilous  article,  discreditable  to  its 
author  and  said  paper.* 

Mr.  Hagar,  by  leave  introduced  Senate  Bill  No.  76,  “A  Bill  in 
relation  to  suits  in  Logan  county/’  which  was  read  the  first  time, 
and  referred  to  the  Committee  on  the  Judiciary. 

On  motion  of  Mr.  Wright, 

Resolved , That  the  Sergeant-at-arms  and  Doorkeeper  of  the 
Senate,  be  allowed  mileage  and  the  Janitor  one  dollar  per  day 
extra. 

House  Bill  No.  19,  “A  Bill  in  relation  to  evidence  in  actions 
involving  the  title  to  lands,”  was  read  the  third  time,  and  passed 
with  its  title  : 


151 


Journal  of  the  Senate. 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Barley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright 
—19. 

Nays — None. 

House  Bill  No.  38,  “A  Bill  for  the  relief  of  John  D.  Payne,” 
was  read  the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  Maxwell,  O'Brien,  Peck,  Price,  Slack  and  Wright 
—19. 

Nays — None. 

House  Bill  No.  100,  “A  Bill  for  the  relief  of  the  securities  of 
Wm.  Grass,  late  sheriff  of  Putnam  county,”  was  read  the  third 
time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Plagar,  Hawkins,  Kitchen, 
Mahon,  Maxwell,  O'Brien,  Peck,  Price,  Slack  and  Wright — 18. 

Nays — None. 

House  Bill  No.  117,  “A  Bill  prescribing  the  standard  weight  of 
bituminous  coal,”  was  read  the  third  time,  and  passed  with  its 
title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright 
—19. 

Nays — None. 

House  Bill  No.  118,  ‘'A  Bill  concerning  marriages  between 
colored  persons,”  was  read  the  third  time,  and  passed  with  its 
title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hager,  Hawkins,  Haymond, 
Kitchen,  Mahon,  Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright 
—19. 

Nays — None. 

House  Bill  No.  134,  “A  Bill  to  authorize  the  board  of  Public 
Works  to  audit  claims  against  the  State  of  Virginia,”  was  read  the 
third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright 
—19. 

Nays — None. 

A message  from  the  House  of  Delegates  by  Mr.  McWhorter, 
announced  that  that  body  had  passed  and  asked  concurrence  in 


152  Journal  of  the  Senate. 

House  Bill  No.  156,  “A  Bill  in  relation  to  elections  by  the 
people.” 

The  said  bill  was  read  the  first  time,  and  ordered  to  its  second 
reading,  under  a suspension  of  the  rule  and  amended,  on  motion 
of  Mr.  Ohapline,  by  striking  out  of  the  6th  line  of  the  1st  section 
the  words  “or  before.” 

The  bill  was  then  read  the  second  time,  and  ordered  to  its  third 
reading. 

On  motion  of  Mr.  Ohapline,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  said  bill  read  the  third  time,  and  passed 
with  its  title. 

Yeas — Messrs.  Stevenson,  (President,)  Chambers,  Ohapline,  Cor- 
ley, Dix,  Duval,  ITagar,  Hawkins,  Haymond,  Mahon,  Maxwell, 
O’Brien,  Peck,  Price  and  Wright — 15. 

Nays — Mr.  Burdett — 1. 

Ordered , That  Mr.  Ohapline  inform  the  House  of  Delegates 
thereof. 

House  Bill  No.  109,  “A  Bill  to  provide  for  the  payment  of 
certain  military  claims  therein  named,”  was  read  the  second  time, 
and  ordered  to  its  third  reading. 

On  motion  of  Mr.  Burdett,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting(  thereto,  the  rule  was 
suspended  for  the  purpose,  said  bill  read  the  third  time,  and 
passed  with  its  title  : 

Yeas — Messrs.  Stevenson.  (President,)  Burdett,  Burley,  Cham- 
bers, Ohapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Mahon,  Maxwell,  O'Brien,  Peck,  Price,  Slack  and  Wright— 18. 

Nays — None. 

A message  was  received  from  the  Governor,  enclosing  a communi- 
cation from  the  Governor  of  Virginia,  which  were  respectively  read 
as  follows  : 

The  State  of  West  Virginia,  | 

Executive  Department,  r 

Wheeling,  Feb.  28,  1866..  ) 

To  the  Senate  and  House  of  Delegates: 

I have  just  received  from  His  Excellency,  the  Governor  of  Vir- 
ginia, a communication  enclosing  an  act  passed  by  the  General 
Assembly  of  that  State,  February  26,  1866,  entitled  “An  Act  to 
incorporate,  the  Covington  and  Ohio  Railroad  Company  which 
communication  and  act  are  herewith  submitted  for  your  considera- 
tion and  action.  This  is  a matter  of  great  interest  to  the  State  ; 
but  my  attention  has  been  so  recently  called  to  the  particular 
proposition  contained  in  these  papers,  and  the  period  for  your 
adjournment  is  so  near  at  hand,  that  I have  not  the  time  necessary  to 


153 


Journal  of  the  Senate. 

a proper  examination  and  discussion  of  its  merits.  I recommend, 
however,  that  if  it  be  possible,  before  you  adjourn,  that  you  take 
such  action  on  the  subject  as  its  great  importance  demands. 

A.  I.  Boreman. 

The  Commonwealth  of  Virginia,  1 
Executive  Department,  V 
Richmond,  Feb.  26th,  1866.  J 
To  His  Excellency,  Gov.  Boreman, 

Wheeling,  W.  Va. 

Sir — In  obedience  to  an  act  of  the  General  Assembly  of  Virginia 
passed  this  day,  entitled  ‘‘An  Act  to  incorporate  the  Covington 
and  Ohio  Railroad  Company,”  I herewith  transmit  you  a copy  of 
the  bill,  you  will  see  by  the  provisions  of  the  bill  that  it  contem- 
plates concurrent  action  on  the  part  of  the  Legislature  of  West 
Virginia. 

The  proposed  improvement  is  of  great  importance  to  the  people 
of  both  States,  residing  in  the  section  through  which  it  passes.  It 
will  also  form  another  of  those  great  arteries  of  commerce  and 
travel  between  the  East  and  West,  now  so  much  needed.  I am  in 
hopes  that  it  will  reach  you  in  time  for  you  to  submit  it  with  your 
approval  to  the  Legislature  of  your  State. 

In  order  that  there  may  be  no  delay  in  the  transmission  of  this 
act,  your  old  friend  Col.  Jas.  G.  Paxton  is  charged  wTith  conveying 
it  to  you  personally. 

I am,  with  great  respect,  yours  truly, 

F.  H.  Peirpoint. 

On  motion  of  Mr.  Stevenson,  (Mr.  Maxwell  in  the  chair)  the 
said  documents  and  the  accompanying  act  were  referred  • to  the 
Committee  on  Internal  Improvements  and  Navigation. 

House  Bill  No.  159,  “A  Bill  to  provide  for  submitting  to  the 
people  of  West  Virginia  the  proposed  amendment  to  the  constitu- 
tion,” wras  amended  on  motion  of  Mr.  Maxwell,  as  follows  : 

1.  Strike  out  of  line  9,  section  1,  the  word  “ passed  ” and  insert 
“agreed  to,”  and  in  line  10,  same  section,  after  “West  Virginia,” 
insert  “ adopted.” 

2.  Add  at  the  end  of  section  2;  “provided,  that  the  ballot  used 
for  voting  for  ratification  or  for  rejection  of  said  proposed  amend- 
ment, shall  be  the  same  piece  of  paper  used  in  voting  for  county 
and  township  officers  at  said  election.” 

3.  Strike  out  of  line  5 and  6,  section  5,  the  w'ords  “ general  elec- 
tion law,”  and  insert  “act  to  regulate  elections  by  the  people.” 

Mr.  Haymond  moved  that  the  1st  section  be  amended  by  strik- 
ing out  “ May  ” and  inserting  “ October,”  but  the  motion  was  lost. 

The  bill  was  then  read  the  second  time,  and  ordered  to  its  third 
reading. 

On  motion  of  Mr.  Mahon,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
20 


154  Journal  of  the  Senate. 

suspended  for  the  purpose,  said  hill  read  the  third  time,  and 
passed  : 

Yeas — Messrs.  Stevenson,  (President,)  Burley,  Chambers,  Chap- 
line,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Mahon, 
Maxwell,  Price,  Slack  and  Wright — 15. 

Hays — Mr.  Burdett — 1. 

On  motion  of  Mr.  Maxwell,  the  title  was  amended  by  adding 
thereto  the  words  “of  this  State,”  the  bill  as  amended  was  then 

Ordered , That  Mr.  Maxwell  inform  the  House  of  Delegates 
thereof. 

Senate  Bill  No.  76,  “A  Bill  for  the  relief  of  the  citizens  of 
Morgan  county,”  was  read  the  second  time,  and  ordered  to  its 
third  reading. 

On  motion  of  Mr.  Ohapline,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  said  bill  read  the  third  time,  and  passed 
with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  Maxwell,  Price,  Slack  and  Wright — 16. 

Nays — None. 

Ordered , That  Mr.  Chapline  inform  the  House  of  Delegates 
thereof. 

Mr.  Price,  from  the  Committee  on  Townships,  reported  back 
House  Bill  No.  129,  “A  Bill  supplemental  to  the  act  establishing 
the  county  of  Grant,”  without  recommendation. 

The  bill  was  read  the  second  time,  and  ordered  to  its  third 
reading. 

On  motion  of  Mr.  Kitchen,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  said  bill  read  the  third  time  and 
passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Mahon,  Price,  Slack  and  Wright — 15. 

Nays — None. 

On  motion  of  Mr.  Burdett,  Senate  Joint  Resolution  No.  7,  “To 
provide  a medal  for  General  Samuel  D.  Karns,”  was  taken  up  and 
adopted. 

Ordered , That  Mr.  Burdett  so  inform  the  House. 

On  motion  of  Mr.  Chambers, 


155 


Journal  of  the  Senate. 

Hesolved,  That  the  President  of  the  Senate  proceed  to  issue  a 
writ  of  election  to  fill  the  vacancy  in  the  9th  Senatorial  District 
which  election  shall  be  held  on  the  4th  Thursday  of  May  1866. 

The  Senate  then  took  a recess  until  half  past  two  o’clock. 

AFTERNOON  SESSION. 

A message  from  the  House  of  Delegates  by  Mr.  McWhorter, 
announced  that  it  had  passed  and  asked  concurrence  in  House  Bill 
No.  161,  “A  Bill  supplemental  to  the  act  to  regulate  the  Registra- 
tion of  voters,”  which  was  read  the  first  time. 

On  motion  of  Mr.  Ohapline,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  said  bill  read  the  second  time,  and 
ordered  to  its  third  reading;  and  fora  like  reason,  the  rule  was 
again  suspended,  the  bill  read  the  third  time  and  passed  with  its 
title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Chambers,  Chap- 
line,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck  anti  Price — 15. 

Nays — None. 

A message  from  the  House  of  Delegates  by  Mr.  Pinnell,  announc- 
ed that  that  body  had  passed  and  asked  concurrence  in 

House  Bill  No.  131,  “A  Bill  appropriating  the  public  revenue 
for  the  fiscal  year  1866.” 

House  Bill  No.  144,  “A  Bill  to  legalize  the  qualification  and 
official  bonds  of  John  N.  Lowden,  and  J.  L.  D.  Brake,  justices  of 
Warren  township,  Upshur  county,”  and 

House  Bill  No.  147,  “A  Bill  concerning  Hawkers  and  Pedlars,” 
all  of  which  were  read  the  first  time. 

On  motion  of  Mr.  Mahon,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  said  bills  each  read  the  second  time, 
and  ordered  to  their  third  reading  ; and 

On  motion  of  Mr.  Corley,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  said  House  Bill  No.  144,  was  read 
the  third  time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Chapline,  Cor- 
ley, Dix,  Duval,  Hagar,  Haymond,  Kitchen,  Mahon  and  O’Brien 
—11. 

Nays — None. 

On  motion  of  Mr.  Chapline,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  said  House  Bill  No.  147,  was  read 
the  third  time,  and  passed  with  its  title : 


loB  Journal  of  the  Senate . 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Chapline,  Cor- 
lev,  Dix,  Duval,  Hagar,  Haymond,  Kitchen,  Mahon  and  O’Brien 
—11. 

Nays — None. 

A message  from  the  House  of  Delegates  by  Mr.  Bell,  announced 
that  that  body  had  passed  and  asked  concurrence  in 

House  Bill  No.  84,  “A  Bill  to  amend  and  re-enact  an  act  entitled 
‘An  act  to  incorporate  the  Little  Kanawha  Navigation  Company,’ 
passed  February  4,  1863,  and  the  act  to  amend  and  re-enact  the 
first  and  third  sections  of  the  said  act,  passed  March  1st,  1864.” 
House  Bill  No.  105,  “A  Bill  further  to  amend  the  law  concern- 
ing corporations,”  and 

House  Bill  No.  336,  “A  Bill  for  the  relief  of  Henry  J.  White- 
house.” 

All  of  said  bills  were  read  the  first  time. 

On  motion  of  Mr.  Hagar,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  each  of  said  bills  read  the  second 
time,  and  ordered  to  their  third  reading. 

On  motion  of  Mr.  Mahon,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  said  House  Bill  No.  84,  was  read 
the  third  time,  and  passed  wTith  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Chapline,  Cor- 
ley, Dix,  Duval,  Hagar,  Haymond,  Kitchen,  Mahon  and  O’Brien 
—11. 

Nays — None. 

On  motion  of  Mr.  Chapline,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  said  House  Bill  No.  105,  was  read 
the  third  time,  and  passed  with  its  title: 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Chapline,  Cor- 
ley, Dix,  Duval,  Hagar,  Haymopd,  Kitchen,  Mahon  and  O’Brien 
—11. 

Nays — None. 

On  motion  of  Mr.  Mahon,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  said  House  Bill  No.  136,  was  read 
the  third  time,  and  passed  with  its  title: 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Chambers,  Chap- 
line, Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon  and  O’Brien — 13. 

Nays — None. 


157 


Journal  of  the  Senate. 

Mr.  McCoy,  from  the  House  of  Delegates,  announced  that  that 
body  had  passed  and  asked  concurrence  in  House  Bill  No.  160,  “A 
Bill  for  the  relief  of  B.  S.  Cook,  of  Roane  county,”  which  was  read 
the  first  time. 

On  motion  of  Mr.  Maxwell,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  said  bill  read  the  second  time,  and 
ordered  to  its  third  reading,  and  for  a like  reason,  the  rule  was 
again  suspended  the  bill  read  the  third  time,  and  passed  with  its 
title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Chambers,  Chap- 
line,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond,  Kitchen, 
Mahon,  O’Brien,  Peck  and  Price — 15. 

Nays — None. 

A message  from  the  House  of  Delegates  by  Mr.  Davis,  announc- 
ed that  that  body  had  adopted  and  asked  concurrence  in  House 
Joint  Resolution  No.  20,  as  follows: 

Whereas,  The  rebellion  has  been  subdued  by  the  force  of  arms 
and  peace  now  reigns  within  our  borders,  and  desiring  that  our 
State  should  enter  upon  that  career  of  prosperity  and  progress  to 
which  her  natural  advantages  entitle  her,  we  deem  it  proper  to  set 
forth  the  principles  of  State  and  national  policy,  which  we  now 
consider  important  to  that  end,  therefore  be  it  resolved  : 

1st.  That  we  owe  a debt  of  lasting  obligation  to  the  living 
soldiers,  and  will  ever  cherish  and  revere  the  memory  of  the  dead  ; 
who,  by  unparalleled  sacrifice,  persistent  resolution  and  heroic 
valor  saved  our  State  and  Nation. 

2nd.  That  we  approve  the  votes  given  by  our  Congressmen, 
Messrs.  Hubbard  and  Latham,  against  allowing  negroes  to  vote  in 
the  District  of  Columbia. 

3rd.  That  we  are  opposed  to  extending  the  right  of  suffrage  to 
colored  persons  in  this  State,  but  that  justice  and  sound  policy 
alike  require  that  other  privileges  of  citizens  not  inconsistent 
therewith,  be  allowed  them. 

4th.  That  the  administration  of  Andrew  Johnson  so  far,  meets 
the  just  expectation  of  those  who  supported  him  when  elected,  and 
that  we  have  full  confidence  in  his  wisdom  and  patriotism  for  the 
future  ; and  that  his  recent  official  acts  and  declared  policy  of 
reconstruction  has  our  unqualified  approval. 

On  motion  of  Mr.  Chapline,  the  said  resolution  was  laid  on  the 
table. 

A message  from  the  House  of  Delegates  by  Mr.  Bell,  announced 
that  that  body  had  passed  and  asked  concurrence  in  House  Bill  No. 
85,  “A  Bill  to  incorporate  the  Laurel  Fork  and  Sand  Hill  Railroad 
Company.” 

The  bill  was  read  the  first  time. 


158  Journal  of  th,e  Senate. 

On  motion  of  Mr.  Mahon,  the  ease  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  said  bill  read  the  second  time,  and 
ordered  to  its  third  reading;  and  on  motion  of  the  same  gentleman 
the  rule  was  again  suspended  for  a like  reason,  and  said  bill  read 
the  third  time,  and  passed  with  its  title  : 

Yeas. — Messrs.  Stevenson,  (President,)  Burdett,  Chambers,  Chap- 
line,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Raymond,  Kitchen, 
Mahon,  O’Brien,  Price  and  Wright — 15. 

Nats — None. 

The  Senate  took  a reGess  until  54  o’clock. 

EVENING  SESSION. 

Mr.  Burley,  from  the  Committee  on  Internal  Improvements  and 
Navigation,  reported. 

Senate  Bill  No.  79,  “A  Bill  to  incorporate  the  Covington  and 
Ohio  Railroad  Company,”  which  was  read  the  first  time. 

On  motion  of  Mr.  Burley,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  said  bill  read  the  second  time,  and 
ordered  to  its  third  reading;  and  for  a like  reason,  on  motion  of 
Mr.  Peck,  the  rule  was  again  suspended,  the  bill  read  the  third 
time,  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Ilaymond, 
Kitchen,  Mahon,  Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright 
—19. 

Nays — None. 

A message  from  the  House  of  Delegates,  by  Mr,  Hagans, 
announced  that  that  body  had  passed  and  asked  concurrence  in 

House  Bill  No.  13S,  “A  Bill  for  the  extension  of  the  corporate 
limits  of  the  town  of  Brandonville  in  Preston  county,”  and 

House  Bill  No.  140,  “A  Bill  authorizing  the  trustees  of  the 
Methodist  Episcopal  Church  in  the  town  of  Clarksburg  to  sell  their 
church  lot.” 

The  first  named  bill  was  read  the  first  time. 

On  motion  of  Mr.  Burdett,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  said  Bill  No.  138,  was  read  the 
second  time,  and  ordered  to  its  third  reading;  and  on  motion  of 
the  same  gentleman,  and  for  a like  reason,  the  rule  was  again 
suspended  for  the  purpose,  and  said  bill  read  the  third  time,  and 
passed  with  its  title  : 


159 


Journal  of  the  Senate. 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Haymond, 
Kitchen,  Mahon,  O’Brien,  Peck,  Price,  Slack  and  Wright — 18.  • 
Nays — None. 

On  motion  of  Mr.  Peck, 

Resolved , That  the  Clerk  of  the  Senate  be  paid  mileage  in  addi- 
tion to  hisjoer  diem  allowance. 

Mr.  Burdett,  moved  that  the  Senate  take  up  House  Joint  Resolu- 
tion No.  20,  “ Thanking  soldiers,  opposing  negro  suffrage,  and 
endorsing  the  administration  of  Andrew  Johnson,”  but  the  motion 
was  rejected. 

The  Senate  then  adjourned. 


THURSDAY,  March  1,  1866. 

The  Senate  met  at  the  usual  hour,  and  after  prayer  bv  Rev. 
Mr.  Barnitz,  the  journal  of  yesterday  was  read  and  approved. 

The  following  communication  was  received  from  the  House  of 
Delegates : 

Clerk’s  Office,  House  of  Delegates,  ) 

February  28,  1866.  j 

The  House  has  this  day  passed  Senate  Bill  No.  12,  “A  Bill  to 
authorize  the  judge  of  the  ninth  judicial  circuit  of  West  Virginia 
to  fill  official  vacancies  in  his  circuit,” 

Senate  Bill  No.  67,  “A  Bill  in  relation  to  the  Guyandotte  Navi- 
gation Company,” 

Senate  Biil  No.  74,  “A  Bill  to  incorporate  the  Wheeling  and 
Moundsville  Turnpike  Company,’ 

Senate  Bill  No.  77,  “A  Bill  to  provide  indexes  to  the  journals  of 
the  Senate  and  House  of  Delegates,”  and  adopted 

Senate  Joint  Resolution  No.  11,  “Providing  for  the  appointment 
of  trustees  for  Berkeley  Springs,”  and 

Senate  Joint  Resolution  No.  18,  “Providing  for  printing  the 
executive  message  and  documents.” 

It  has  also  agreed  to  the  amendments  proposed  by  the  Senate  to 
House  Bill  No.  53,  “A  Bill  to  amend  and  re-enact  a part  of  the 
1st  section  of  chapter  20,  of  the  Acts  of  the  General  Assembly  of 
Virginia,  passed  at  Richmond  in  1861,” 

House  Bill  No.  82,  “A  Bill  amending  the  charter  of  the  town  of 
Grafton,” 

House  Bill  No.  119,  “A  Bill  to  amend  and  re-enact  the  6th  and 
8th  sections  of  the  Charter  of  the  town  of  St.  Mary,  in  the  county 
of  Wood,” 

House  Bill  No.  156,  “A  Bill  in  relation  to  elections  by  the 
people,” 

House  Bill  No.  159,  “A  Bill  to  provide  for  submitting  to  the 
people  of  West  Virginia  the  proposed  amendment  to  the  constitu- 
tion,” and 


160  Journal  of  the  Senate. 

House  Joint  Resolution  No.  16,  “Providing  for  reprinting  certain 
acts.” 

It  has  receded  from  its  disagreement  to  the  remaining  Senate 
amendment  to 

House  Bill  No.  116,  “A  Bill  to  provide  for  the  repair  of  the 
Roads  and  Bridges  throughout  the  State,” 

Receded  from  its  amendment  to  the  Senate  substitute  for 

House  Bill  No.  59,  “A  Bill  to  prevent  the  further  taxation  of 
soldiers  for  bounty  purposes.” 

It  has  passed  and  respectfully  asks  the  concurrence  of  the 
Senate  in  House  Bill  No.  139,  “A  Bill  to  provide  for  the  purchase 
of  books  for  the  library  of  the  Supreme  Court  of  Appeals,” 

House  Bill  No.  141,  “A  Bill  in  relation  to  the  duties  of  Prose- 
cuting Attorneys,”  and 

House  Bill  No.  157,  “A  Bill  to  charter  a road  in  Taylor  and 
Barbour  Counties.” 

It  has  rejected  the  report  of  the  Committee  of  Conference  on 
the  disagreeing  votes  of  the  two  Houses *on  Senate  Bill  No.  28,  “A 
Bill  to  provide  for  the  establishment  and  regulation  of  the  West 
Virginia  Agricultural  College,”  and  has  adhered  to  its  substitute 
therefor. 

Wm.  P.  Hubbard, 
Clerk  House  of  Delegates . 

On  motion  of  Mr.  Burdett,  said  Senate  Bill  No.  28  was  laid  on 
the  table. 

Mr.  Price,  from  the  Committee  on  Townships,  reported  back 
House  Bill  No.  70,  “A  Bill  to  establish  and  settle  a part  of  the 
boundary  line  between  the  counties  of  Barbour  and  Upshur,” 
which,  on  motion  of  Mr.  O’Brien  was  laid  on  the  table. 

Mr.  Dix,  from  the  Committee  on  Education,  reported  back  Senate 
Bill  No.  47,  “A  Bill  relating  to  the  Schools  of  Wheeling  and  parts 
of  townships  connected  therewith,”  which,  on  motion  of  Mr.  Chap- 
line,  was  laid  on  the  table. 

Mr.  Peck,  by  leave,  introduced  Senate  Bill  No.  80,  “A  Bill  to 
authorize  John  Gf.  Jacob,  David  Fleming  and  Campbell  Tarr,  to 
mine  for  coal  and  other  minerals  under  the  bed  of  the  Ohio  river,” 
which,  on  his  motion,  was  read  the  first  time  and  laid  on  the  table. 

Mr.  Chapline  offered  the  following  resolution  : 

Senate  Joint  Resolution  No.  14,  “Providing  for  the  distribution 
of  the  acts  and  journals  : 

Resolved  by  the  Legislature  of  West  Virginia , That  the  500 
copies  of  the  acts  in  sheets,  to  which  the  members  of  this  Legisla- 
ture are  entitled,  be,  by  the  public  printer,  bound  as  the  other  acts 
of  the  session  are  bound,  and  delivered  to  the  clerk  of  the  House 
of  Delegates,  whose  duty  it  is  made  to  forward  the  same  as  soon  as 
practicable,  to  the  members  of  this  Legislature, 

On  motion  of  Mr.  Chapline,  the  rule  was  suspended  and  the 
Senate  adopted  the  resolution,  and  directed  Mr.  Chapline  so  to 
inform  the  House. 


161 


Journal  of  the  Senate. 

House  Bill  No.  131,  “A  Bill  appropriating  the  public  retinue 
for  the  fiscal  year  1866,”  was  amended  on  motion  of  iMy.  Ppck,  by 
striking  out  of  the  paragraph  making  an  appropriation  to  the  Com- 
missioner of  Immigration  “five  hundred,”  and  inserting  “one  thou- 
sand,” and  inserting  in  the  same  paragraph  the  words  “and  to  be 
expended,”  after  the  word  “expended.” 

The  bill  was  then  read  the  second  time,  and  ordered  to  its  third 
reading. 

On  motion  of  Mr.  Stevenson,  (Mr.  Chapline  in  the  Chair,)  the 
case  being  urgent,  and  three-fourths  of  the  members  present  con- 
senting thereto,  the  rule  was  suspended  for  the  purpose,  and  said 
bill'read  the  third  time  and  passed  with  its  title  : 

Yeas — Messrs.  Stevenson,  (President,)  BurdeP,  Burley,  Cham- 
bers, Chapline,  Corley,  Dix,  Duval,  Hagar,  Hawkins,  Kitchen, 
Mahon,  Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 18. 

Nays — None. 

House  Bill  No.  140,  “A  Bill  authorizing  the  trustees  of  the 
Methodist  Episcopal  Church,  in  the  town  of  Clarksburg,  to  sell 
their  church  lot,”  was  read  the  first  time. 

On  motion  of  Mr.  Maxwell,  the  case  being  urgent,  and  three- 
fourths  of  the  members  present  consenting  thereto,  the  rule  was 
suspended  for  the  purpose,  and  said  bill  read  the  second  and  third 
time,  and  passed  with  its  title: 

Yeas — Messrs.  Stevenson,  (President,)  Burdett,  Burley,  Cham- 
bers, Chapline,  Dix,  Duval,  Hagar,  Hawkins,  Kitchen,  Mahon, 
Maxwell,  O’Brien,  Peck,  Price,  Slack  and  Wright — 17. 

Nays — None. 

On  motion  of  Mr.  Chambers,  the  vote  taken  yesterday  adopting 
the  resolution  in  regard  to  issuing  a writ  of  election  to  fill  the 
vacancy  in  the  9th  Senatorial  district,  was  re-considered,  and  the 
question  recurring  on  the  adoption  of  the  said  resolution,  on  motion 
of  Mr.  Chambers  the  word  “May”  was  stricken  out  and  “October” 
inserted. 

The  resolution  was  then  adopted. 

Mr.  Burdett  moved  to  suspend  the  rules,  so  as  to  take  up  House 
Joint  Resolution  No.  20,  “Thanking  soldiers,  opposing  negro 
suffrage,  and  endorsing  the  administration  of  Andrew  Johnson,” 
but  the  motion  was  disagreed  to. 

On  motion  of  Mr.  Mahon,  the  Senate  took  a recess  until, five 
o’clock,  P.  M. 

AFTERNOON  SESSION.  ' . 

The  Senate  re-assembled  at  5 o’clock. 

Mr.  Duval,  by  leave,  introduced  Senate  Bill  No.  81,  “A  Bill 
granting  certain  citizens  of  Brooke  county  the  right  to  mine  coal, 


162 


Journal  of  the  Senate. 

and  to  take  the  same  from  the  several  strata  beneath  the  bed  of 
the  Ohio  river,”  which  was  read  the  first  time,  and  laid  on  the  table 
on  motion  of  Mr.  Duval. 

On  motion  of  Mr.  Duval, 

Resolved,  That  the  thanks  of  the  Senate  are  hereby  tendered  to 
the  Clerk,  Assistant  Clerk,  Door  Keeper,  Sergeant-at-Arms,  and 
Pages,  for  the  prompt  and  faithful  discharge  of  their  respective 
duties  the  present  session. 

On  motion  of  Mr.  Slack, 

Resolved , That  the  thanks  of  this  body  is  hereby  tendered  to  the 
Clergy  of  the  different  denominations  of  this  city  for  their  prompt- 
ness in  attending  our  daily  sessions,  and  opening  the  same  with 
prayer. 

On  motion  of  Mr.  Burdett, 

Hesolved , That  the  thanks  of  the  Senate  are  hereby  tendered  to 
the  President,  for  the  able,  courteous  and  impartial  manner  in 
which  he  has  presided  over  its  deliberations. 

On  motion  of  Mr.  Stevenson,  (Mr.  Burdett  in  the  chair), 

The  Senate  took  a recess  until  half-past  seven  o’clock. 

EVENING  SESSION. 

The  Senate  re-assembled  at  half-past  seven  o’clock,  and  was 
called  to  order  by  Mr.  Maxwell. 

On  motion  of  Mr.  Chapline,  the  Senate  took  a further  recess 
until  10  o’clock,  P.  M. 

NIGHT  SESSION. 

The  Senate  re-assembled. 

Mr.  Price  from  the  Committee  oil  Enrolled  Bills,  reported  that 
said  Committee  had  examined  and  found  correctly  enrolled  the 
following  Acts  and  Joint  Resolutions: 

No.  14. — Joint  Resolution  to  secure  an  appropriation  by  Congress 
for  the  payment  of  certain  military  claims  in  this  State  during  the 
late  war. 

Chap.  42. — An  Act  to  construct  a Milldam  across  Elk  River,  at 
Sutton,  Braxton  county. 

Chap.  43. — An  Act  for  the  relief  of  St.  Clair  Rains,  of  Kanawha 
county. 

Chap.  44. — An  Act  to  repeal  sections  22  and  23  of  chapter  163  of 
the  Code  of  Virginia,  second  edition. 

Chap.  45. — An  Act  to  provide  a Penitentiary  for  the  State. 

Chap  46. — An  Act  to  ratify  on  certain  terms,  the  Acts  of  the 
General  Assembly  of  Virginia,  passed  February  3d,  1866,  relating 
to  the  Virginia  Canal  Company. 

Chap.  47. — An  Act  amending  the  charter  of  the  town  of  Mar- 
tinsburg. 


Journal  of  the  Senate . 163 

Chap.  48. — An  Act  to  legalize  the  poor  tax  levied  by  the  County 
Court  of  Berkeley  county  in  the  year  1863. 

Chap.  49. — An  Act  to  amend  and  re-enact  the  act  regulating 
allowances  to  county  officers. 

Chap.  50. — An  Act  relating  to  suits  brought  against  Supervisors 
and  Inspectors  of  elections;  and  providing  for  the  payment  of  their 
costs  in  defending  the  same. 

Chap.  51. — An  Act  to  provide  for  the  re-assessment  of  the  value 
of  all  real  estate  within  this  State. 

Chap.  52. — An  Act  to  relinquish  to  the  Maryland  and  Virginia 
Bridge  Company,  the  stock  in  said  Company  belonging  to  the 
State. 

Chap.  53. — An  Act  to  amend  section  12  of  chapter  80  of  the  acts 
of  1865. 

Chap.  54. — An  Act  to  transfer  certain  lands  in  Ohio  county  to 
the  Board  of  Education  of  certain  townships  therein. 

Chap.  55. — An  Act  in  relation  to  actions  of  detinue. 

Chap.  56. — An  Act  to  incorporate  the  Wayne  County  Coal  and 
Iron  Railway  Company. 

Chap.  57. — An  Act  in  relation  to  the  Sixth' and  Seventh  Judicial 
Circuits,  and  the  times  of  holding  the  terms  of  the  Circuit  Courts 
therein. 

Chap.  58. — An  Act  to  provide  punishment  for  the  cutting  down, 
injuring  or  destroying  trees  or  shrubs. 

Chap.  59. — An  Act  to  incorporate  the  town  of  Ceredo,  in  the 
county  of  Wayne. 

Chap.  60. — An  Act  to  consolidate  the  towns  of  Moundsville  and 
Elizabethtown. 

Chap.  61. — An  Act  to  amend  and  re-enact  the  first  section  of  an 
act  passed  February  1st,  1847,  entitled  “An  Act  to  incorporate  the 
Male  and  Female  Academy  of  Buckhannon. 

Chap.  62. — An  Act  to  dissolve  and  close  the  Branch  of  the 
Exchange  Bank  of  Virginia,  at  Weston. 

Chap.  63. — An  Act  for  the  relief  of  Francis  H.  Peirpoint. 

Chap.  64. — An  Act  to  repeal  chapter  eight  of  the  acts  of  1865. 

Chap.  65. — An  Act  for  the  relief  of  the  Overseers  of  the  Poor  of 
the  county  of  Brooke. 

Chap.  66. — An  Act  to  dispense  with  the  assessment  of  back  taxes 
in  certain  counties. 

Chap.  67. — An  Act  supplemental  to  the  act  establishing  the 
county  of  Mineral. 

Chap.  68. — An  Act  to  amend  section  1st  of  chapter  78  of  the 
Act  of  the  General  Assembly  of  Virginia. 


164 


’.■Journal  of  the  Senate. 

Chap.  6$H-lhAn  Act  changing  the  time  of  holding  the  terms,  for 
civil  business,  of  the  municipal  court  of  Wheeling. 

Chap.  70. — An  Act  to  establish  the  11th  Senatorial  District  out 
of  a part  of  the  10th. 

Chap.  71. — An  Act  to  relieve  the  securities  of  Joshua  H.  Staats 
late  sheriff  of  Jackson  county. 

Chap.  72. — An  Act  to  amend  and  re-enact  the  1st  section  of  an 
act  entitled  “An  Act  authorizing  the  present  and  former  sheriffs  of 
Ohio  county  to  pa}?-  certain  moneys  to  the  treasurers  of  Ritchie  and 
other  townships  in  said  county,”  passed  February  16th,  1865. 

Chap.  73.— An  Act  to  change  the  terms  of  holding  courts  in  the 
Eighth  Judicial  Circuit. 

Chap.  74. — An  Act  providing  for  the  establishment  of  a system 
of  Free  Schools. 

Chap.  75. — An  Act  to  provide  for  obtaining  grants  for  lands 
where  the  entries  are  lost  or  destroyed. 

Chap.  76. — An  Act  to  authorize  the  Board  of  Supervisors  of 
Hampshire  county  to  borrow  money. 

Chap.  77. — An  Act  lor  the  benefit  of  married  women  in  insuring 
the  lives  of  their  husbands. 

Chap.  78. — An  Act  to  regulate  the  registration  of  voters. 

Chap.  79. — An  Act  for  the  relief  of  John  B.  Baumgardner. 

Chap.  80. — An  Act  to  repeal  a part  of  section  2 of  chapter  58  of 
the  Code  of  Virginia. 

Chap.  81. — An  Act  making  an  appropriation  to  Robertson  Cook. 

Chap.  82. — An  Act  for  the  relief  of  Amos  Samples  of  Upshur 
county. 

Chap.  83. — An  Act  concerning  the  fiscal  year. 

Chap.  84. — An  Act  constituting  the  bank  of  the  Potomac  river, 
in  Morgan  county,  a lawful  fence. 

Chap.  85.- — An  Act  to  incorporate  the  Potomac  and  Piedmont 
Coal  and  Rail  Road  Company. 

Chap.  86. — An  Act  to  amend  an  act  to  incorporate  the  town  of 
Piedmont,  in  the  county  of  Mineral,  (late  Hampshire.) 

Chap.  87. — An  Act  to  authorize  the  Board  of  Trustees  of  the 
Presbyterian  Church  of  Buckhannon  to  sell  a certain  lot. 

Chap.  88. — An  Act  to  amend  and  re-enact  the  1st  section  of 
chapter  5 of  the  acts  of  1864. 

Chap.  89. — An  Act  to  amend  the  law  in  relation  to  the  compe- 
tency of  witnesses. 

Chap.  90. — An  Act  to  provide  for  the  sale  of  real  estate  returned 
delinquent  for  the  non-payment  of  taxes. 

Chap.  91. — An  Act  in  relation  to  the  Statute  of  Limitation. 


165 


Journal  of  the  Senate. 

Chap.  92. — An  Act  establishing  and  re-arranging  the  Tenth  and 
Eleventh  Judicial  Circuits  of  this  State,  and  providing  for  the 
appointment  of  a Judge  of  the  Eleventh  Circuit. 

Chap.  93. — An  Act  fixing  the  times  of  holding  the  courts  in  the 
several  counties  of  the  Tenth  and  Eleventh  Judicial  Circuits. 

Chap.  94. — An  Act  to  incorporate  the  West  Virginia  Agricultural 
Society. 

Chap.  95. — An  Act  to  charter  a road  in  Gilmer,  Ritchie  and 
Tyler  counties. 

Chap.  96. — An  Act  concerning  cases  transferred  from  the  Su- 
preme court  of  Appeals  and  District  Courts  of  Virginia,  to  the 
Supreme  Court  of  Appeals  of  West  Virginia. 

Chap.  97. — An  Act  for  the  relief  of  State  and  Home  Guards. 

Chap.  98. — An  Act  to  amend  and  re-enact  the  charter  of  the 
town  of  Sistersville,  in  the  county  of  Tyler. 

Chap.  99. — An  Act  to  provide  indexes  to  the  Journals  of  the 
Senate  and  House  of  Delegates. 

Chap.  100. — An  Act  to  refund  the  taxes  collected  from  soldiers  for 
bounty  purposes. 

Chap.  101. — An  Act  to  incorporate  the  Wheeling  and  Mounds- 
ville  Turnpike  Company. 

Chap.  102. — An  Act  concerning  marriages  between  colored 
persons. 

Chap.  103. — An  Act  to  provide  tor  the  payment  of  certain 
military  claims  therein  mentioned. 

Chap.  104. — An  Act  in  relation  to  evidence  in  actions  involving 
the  title  of  lands. 

Chap.  105. — An  Act  to  authorize  the  Board  of  Public  Works  to 
audit  claims  against  the  State  of  West  Virginia. 

Chap.  106. — An  Act  prescribing  the  standard  weight  of  bitumin- 
ous coal. 

Chap.  107. — Au  Act  for  the  relief  of  the  securities  of  William 
Grass,  late  sheriff  of  Putnam  county. 

Chap.  108. — An  Act  for  the  relief  of  John  D.  Payne. 

Chap.  109. — An  Act  in  relation  to  the  Guyandotte  Navigation 
Company. 

Chap.  110. — An  Act  amending  the  charter  of  the  town  of  Grafton. 

Chap.  111. — An  Act  further  to  amend  the  law  concerning  corpo- 
rations. 

Chap.  112. — An  Act  to  authorize  the  Judge  of  the  Ninth  Judicial 
Circuit  of  West  Virginia  to  fill  official  vacancies  in  his  circuit. 

Chap.  113. — An  Act  to  incorporate  the  Laurel  Fork  and  Sand 
Hill  Rail  Road  Company. 


166  Journal  of  the  Senate. 

Chap.  114. — An  Act  concerning  Hawkers  and  Pedlars. 

Chap.  115. — An  Act  to  amend  and  re-enact  a part  of  the  first 
section  of  chapter  twenty  of  the  Acts  of  the  General  Assembly  of 
Virginia,  passed  at  Richmond  in  1861. 

Chap.  116. — An  Act  to  legalize  the  qualification  and  official 
bonds  of  John  N.  Louden  and  J.  L.  D.  Brake,  justices  of  Warren 
Township,  Upshur  county. 

Chap.  117. — An  Act  to  provide  for  the  repair  of  the  roads  and 
bridges  throughout  the  State. 

Chap.  118. — An  Act  for  the  relief  of  B.  S.  Cook,  of  Boone  county. 

Chap.  119. — An  Act  for  the  extension  of  the  corporate  limits  of 
the  town  of  Brandonville,  in  Preston  county. 

Chap.  120. — An  Act  supplemental  to  the  act  establishing  the 
county  of  Grant. 

Chap.  121. — An  Act  for  the  relief  of  Henry  J.  Whitehouse. 

Chap.  122. — An  Act  to  amend  and  re-enact  an  act  entitled  “An 
Act  to  incorporate  the  Little  Kanawha  Navigation  Company,’’ 
passed  February  4th,  1868,  and  the  “Act  to  amend  and  re-enact 
the  first  and  third  sections  of  the  said  act,”  passed  March  1st,  1864. 

No.  15. — A Joint  Resolution  proposing  to  celebrate  the  anniver- 
sary of  Washington’s  birthday. 

No.  16. — A Joint  Resolution  in  reference  to  printing  the  Gov- 
ernor’s message  concerning  lunatics  from  this  State  in  Virginia 
Asylums. 

No.  17. — Joint  Resolution  providing  for  the  appointment  of 
trustees  of  the  Berkeley  Springs. 

No.  18. — Joint  Resolution  providing  for  printing  the  executive 
message  and  documents. 

No.  19. — Joint  Resolution  providing  for  re-printing  certain  acts. 

No.  20. — Joint  Resolution  providing  for  the  distribution  of  certain 
acts. 

Chap.  123. — An  Act  to  provide  for  submitting  to  the  people  of 
West  Virginia  the  proposed  amendment  to  the  constitution  of  the 
State. 

Chap.  124. — An  Act  supplemental,  to  the  act  to  regulate  the 
registration  of  voters. 

Chap.  125. — An  act  to  amend  the  charter  of  the  town  of  South 
Wheeling. 

Chap.  126. — An  Act  in  relation  to  elections  by  the  people. 

Chap.  127. — An  Act  authorizing  the'  trustees  of  the  Methodist 
Episcopal  Church  in  the  town  of  Clarksburg  to  sell  their  church  lot. 

Chap.  128. — An  Act  for  the  relief  of  the  citizens  of  Morgan 
county. 


Journal  of  the  Senate . 167 

Chap.  129. — An  Act  appropriating  the  public  revenue  for  the 
fiscal  year  1866. 

Chap.  180. — An  Act  in  relation  to  the  undetermined  cases  in  the 
Supreme  Court  of  Appeals  of  Virginia,  belonging  to  this  State. 

Chap.  131.— An  A.ct  to  incorporate  the  Covington  and  Ohio 
Railroad  Company. 

Chap.  132.— An  Act  in  relation  to  oaths  of  suitors. 

William  Price,  Chairman , 

On  the  part  of  the  Senate. 

Marquis  L.  Lockhart,  Chairman , 

On  the  part  of  the  House. 

The  President  having  signed  all  the  acts  and  joint  resolutions  of 
the  Legislature, 

Mr.  Maxwell  moved  that  a joint  committee  of  one  from  the 
Senate  and  two  from  the  House,  be  appointed  to  wait  upon  the 
Governor  and  ascertain  if  he  has  any  further  communication  to 
make  to  the  Legislature,  which  was  agreed  to. 

The  President  appointed  Mr.  Maxwell  to  act  on  the  part  of  the 
Senate  in  that  regard. 

Mr.  Maxwell  subsequently  reported  that  he  had  communicated 
the  said  action  of  the  Senate  to  the  House;  that  that  body  had 
concurred  in  the  appointment  of  such  committee,  which  had  waited 
on  the  Governor,  who  desired  them  to  say  to  the  Legislature  that 
he  had  no  further  communication  to  make,  and  that  he  thought  the 
Legislature  had  discharged  its  duty  faithfully  and  well. 

Mr.  Maxwell  was  then  directed  to  inform  the  House  that  the 
Senate,  having  completed  its  business,  was  ready  to  adjourn,  which 
duty  he  performed. 

A message  from  the  House,  by  Mr.  Smith,  of  Hancock,  announced 
that  the  House  was  likewise  ready  to  adjourn. 

On  motion  of  Mr.  Peck,  the  Senate  adjourned  sine  die 

W.  E.  Stevenson, 

President  of  the  Senate. 


Ellery  R.  Hall, 

Clerk  of  the  Senate. 


I NDEX 


Pages. 

Acts  and  Resolutions,  titles  of — 131,  132,  133,  162,  163,  164,  165, 

166,  167 

distribution  of 66,  77,  80,  102,  160 

Agricultural  College —28,  52,  72,  76,  117,  118,  139,  147,  160 

Amendment  to  the  Constitution 65,  66,  69,  73,  77 

Bill  to  submit 140,  147,  153, 

154  159 

Appropriations,  asked  for__23,  26,  27,  28,  30,  31,  34,  36,  38,  39,  40, 

45,  59,  70,  73,  83,  99,  103 

refused 25,  28,  30,  41,  44,  52,  61,  63,  79,  131 

made 64,  70,  80,  120,  135, 

136,  151,  152,  156,  157,  161 
Appropriations  by  Congress,  asked  for 32,  35,  100,  101,  102 


Assessors,  petitions  of 26,  50 

bill  to  increase  pay  of 30,  34,  59,  60,  80,  82 

Attorneys  Oath  Bill 24,  26 

B.  & O.  R.  R.  Co.,  resolution  concerning 37 

Berkeley  Springs,  resolution  concerning  116,  130,  141,  159 

Berkeley  and  Jefferson  Counties 24,  25,  40 

Boyers,  J.  Edgar,  resolution  concerning 34 

adverse  report  on  claims  of 42 

adopted  41 

motion  to  reconsider  vote  on  claim 

of,  lost 61 

Burdett,  John  S.,  Senator  fron  the  3d  District,  quali- 
fication of 3 

on  Committee 22,  23,  35 

leave  of  absence  to 56 

bill  introduced  by 86 


petition  presented  by ^ 22,  27,  45,  48,  50 

resolution  by— 21,  23,  26,  33,  34,  43,  45,  56,  59, 
61,  70,  103,  111,  142,  142,  162 

reported  by 25,  27,  30,  35,  41,  42,  44,  47,  49, 

52,  54,  59,  63,  66,  75,  76,  79,  83,  83, 
86,  87,  98,  99,  116,  124,  131,  141, 

148,  149 

motion  by-25,  34,  38,  41,  46,  53,  54,  55,  61,  71, 
72,  87,  100,  104,  105,  112,  121,  136, 
142,  150,  152,  154,  158,  159,  161 


170  INDEX. 

Burley,  James,  Senator  from  the  2d  District,  qualifi-  Pages. 

cation  of 3 

on  committee 22,  23,  144 

bill  introduced  by 38,  103,  118 

petition  presented  by 23 

resolution  by 34,  43,  45,  56,  67,  122 

report  by 30,  44,  60,  63,  69,  75,  79,  86,  103,  106, 

107,  116,  121,  124,  134,  144, 150,  158 
motion  by — 46,  47,  54,  55,  71,  81,  85,  98,  103,  107, 
119,  125,  129,  135,  137,  140,  145,  147,  148,  158 

Capital,  resolution  concerning  the 39,  40,  41,  46 

bill  concerning  the 65,  66,  68,  85,  97,  100,  120 

Chambers,  V/illiam  F.,  Senator  from  the  9th  District, 

present. 3 

on  committee 22 

bill  introduced  by 58 

resolution  by 28,67,155 

motion  by 134,  139,  161 

Chapline,  Joseph  A.,  Senator  from  the  10th  District. 

qualification  of 3 

seat  of,  contested 35,  40 

contest  withdrawn 35 

on  committee 22,  23 

leave  of  absence  to 46 

bill  introduced  by__24,  26,  35,  38,  43,  60,  63 

75,  81,  134 

petition  presented  by 

personal  explanation  by 150 

resolution  concerning . 150 

resolution  by__26,  31,  32,  36,  40,  45,  83,  116, 

141,  142,  160 

report  by__67,  70,  79,  110,115, 120,  124,  133, 

motion  by 28,  33,  34,  59,  64,  73,  76,  77,  78, 

81,  83,  97,  107,  116,  120,  128,  129,  135, 
136,  137,  138,  141,  142,  145.  146,  148, 
152,  154,  155,  156,  157, 160,  162 

Charnock,  John  H.,  appointed  Janitor, 31 

pay  of, : 31,  150 

Clergy,  invited  to  open  the  Senate  with  prayer, 23 

with  resolutions  of  thanks  to, 162 

Clerk  of  the  Senate,  Ellery  R.  Hall,  elected, 4 

pay  of, 31,  159 

resolution  of  thanks  to, 162 

office  of, 23,141 

Contested  elections, 4,  22,  25,  27,  35,  40 

Conference  Committees, 124,  144,  147 

Cook,  John,  Senator  from  the  8th  District 

absent, 3 

seat  of,  contested,  22 

contest  sustained, 25 


INDEX. 


171 


Corley,  James  M.,  Senator  from  the  6th  District Pages. 

present, 3 

on  Committee, 22,  23,  35 

bill  introduced  by, 58 

resolution  by, 23,  28,  30,  39,  59 

motion  by, _._85,  97,  100,  107,  120,  134,  139,  155 

Crane,  Samuel,  Petition  of, 23 

adverse  report  on  claim  of, 25 

recommitted  25 

adopted 27 

Decision  of  the  President  sustained 112 

Dillon,  Ed.  S.  appointed  page 4 

pay  of 31,  142 

resolution  of  thanks  to 162 

Distribution  of  Acts  and  Resolutions 66,  77,  80,  102,  160 

Dix,  D.  H.  K.,  Senator  from  the  7th  District 

qualification  of 3 

on  Committee 22,  23,  144 

bill  introduced  by 83,  103 

petition  presented  by 38 

resolution  by, 99,  142 

report  by 38,  42,  50,  56,  63,  70,  110,  124,  160 

motion  by 68,  69,  76,  111 

Doorkeeper  of  the  Senate,  R.  G.  Mahon  elected 4 

pay  of 31,  150 

qualification  of 38 

resolution  of  thanks  to — 162 

Downey,  O.  D.,  contestant  for  Mr.  Cbapline’s  seat 35,  40 

, • contest  of,  withdrawn 35 

mileage  allowed  to_ 40 

Duval,  Isaac  H.,  Senator  from  the  1st  District 

qualification  of 3 

on  Committee 22,  124 

bill  introduced  by #-48,  63,  75,  161 

petition  presented  by 23,  33,  48 

resolution  by__ 162 

report  by 30,  49,  50,  67 

motion  by 53,  162 

Enrolled  Bills  and  Resolutions,  131,  132,  133,  162,  163,  164,  165, 

166,  167 

Executive  Officers 23,  150 

Executive  Expenditures 23,  149 

Frew,  John,  elected  public  printer 34,  35 

Governor,  Committee  to  wait  on 5 

message  of 5,  87, 152,  167 

referred 23,  26,  30 

Guard  for  Ohio  County  Jail  47 

Hagans,  Alpbeus  D.,  elected  Sergeant-at-arms 4 

pay  of 31,  150 

resolution  of  thanks  to 162 


172 


INDEX. 


Pages. 

Hagar,  Robert,  contestant  for  Mr.  Cook’s  seat 22 

contest  of  sustained 25 

qualification  of 25 

bill  introduced  by 60,  63 

petition  presented  by 67,  119 

resolution  by 26,  28,30,  36,  45,  67 

motion  by 67,  82,  150,  156 

Hall,  Ellery  R.,  elected  clerk  of  the  Senate 4 

pay  of- 31,  159 

resolution  of  thanks  to 162 

Hawkins,  Aaron,  Senator  from  the  2d  District, 

present 3 

voted  for,  for  President 3,  4 

on  committee 5,  22,  23 

bill  introduced  by 63 

resolution  by 4,  22,  134,  150 

report  by 141 

motion  by 97,  104,  128,  136,  146 

Haymond,  Daniel,  Senator  from  the  4th  District, 

qualification  of 3 

seat  of,  contested 22 

contest  unsuccessful 27 

on  committee 22 

bill  introduced  by 60 

petition  presented  by 72,  99 

resolution  by 39 

motion  by 41,  47,  50,  71,  104,  153 

House  Bill  No.  3 39,40,42,45 

4 39,  40 

6  -39,  40,  44,  48 

7  43,  44,  47,  50,  54 

8  65,  66,  130,  136 

9  - 51,130,  136,  142 

lk 39,  40,  79,  80,  84 

13  42,  103,  105 

14  42,  44,  49 

15  46,  47,  54,  66,  121,  135,  148 

16  42,47,55 

17  - 42,  48 

18  46,  47,  51,  55,57 

19  -113,  140,  145,  150 

20  46,  47,  54,  56 

21  46,  47,  49,  52 

22  46,  47,  54,  56,  57 

23  46,  47,  49,  52,  56 

25 46,  47,  58,  60,  65 

27  46,  47,  52,  55 

28  49,  50,  52,  53 

29  65,  66,  86,  99 

30  65,  66,  76,  104,  105,  112 

31  - 46,  47,  49,  53 

32. 82,  98,  111,  124,  128,  135 


INDEX. 


House 


Bill  No.  33 

36  

37  

38  

39  

42 

44 

■48 

49  

50  

51  

52  

53  

54  

55  

56  

57--—- 

58  

59  

60  

61 

65 

67  

68  

69  

70  

71  

72  

73~_ 

74-= 


77- 

79- 

80. 

82. 

84. 

85. 
87- 
88. 
90- 

92. 

93. 

94. 
95_ 
96_ 

100. 

102_ 

105_ 

106. 

107. 

108. 
109 .. 


173 
Pages. 

78,  86,  99 

_ — 117,  118,  124,  129,  139 

57,  58,  63,  67 

.--123,  124,  141,  145,  151 

57.  58,  59,  64 

65,  66,  68,  85,  97,  100,  120 

62,  86,  100 

74,  79,  84 

62,  67,  70 

62,  66,  70 

62,  68,  72,  73 

62,  130,  136,  142 

62,  130.  136,  143.  159 

74,  141,  146,  149 

62,  64,  75,  80 

78,  98,  109,  114,  123 

65,  66,  69,  81,  82,  85,  86,  87,  104 

104,  105,  115,  117,  121,  125,  139 

65,  66,  83,  87, 107. 112,  113,  123,  160 

65,  66,  124,  128 

72,  83,  86 

104. 105,  110,  114,  123 

74,  78,  79,  84 

74,  79 

74,  78,  79,  84 

117,  118,  160 

74,79,84 

74,  82,  83,  87 

113,  124,  128 

78,  118,  127,  129,  139 

98,110,114 

85,  86,  110,  114,  123 

85,  86,  107,  139,  143 

102, 110,  114,  123 

123,  124,  133,  136,  143,  159 

156 

. 157,  158 

98,116,  119,  120,  130 

98,  116,  120 

108,  109, 115,  120 

113,  124, 128 

108,  109,  118,  127 

108,  109,  141,  146 

108,  109,  118,  127 

— 108,  109,  140,  147 

123,  124,  141,145,  151 

108,  109,  115,  117 

156 

108,  109,  118,  127,  139 

108,  109,  124,  128,  135 

108,  109,  118,  127 

130,  148,  152 


23 


174 


INDEX. 


Pages. 

HouseBillNo.110 108,109,  118,  127 

111 108. 109,  124,185 

114 102,106,107 

116  113,  124.  128,  135,  144,  160 

117  113,  140,  145,  151 

118  113,  140,  145,  151 

119  123,  124,  133,  136,  143,  159 

121  113,  124.  128,  136 

122  113,  124,  128,  139,  143 

123  123,  124,  133,  137,  143 

124  113,  124,  128.  136 

125  123,  124,  134 

126  123.  124,  133,  137,  149 

129  123,  124,  154 

130  123,  124,  131,  137,  149 

131  155,  161 

134  123,  124.  141,  145,  151 

135  123.  124,  140,  145,  156 

136  156 

138 158,  159 

139-_- 160 

140  158,  161 

141  • 160 

144 155 

146  140,  147,  148,  149 

147  155 

156  152,  159 

157  160 

158  139.  141,  146,  149 

159  - -.-  140,  147,  153,  159 

160— - 157 

161 155 


House  of  Delegates,  organization  of 

adjournment  of 167 

message  from— 5,  24,  25,  29,  31,  33,  34,  85,  37, 
39,  42,  43,  46,  49,  51,  54,  57,  62, 
65,  72,  74,  77,  81,  82,  85,  98, 100, 
102, 104,  107, 108,112,  116,  117, 
122,  130,139, 144, 147,  148,  151. 

155,  156,  157,  158,  159,  167 

House  of  Refuge-- 28,  105 

Janitor  of  the  Senate,  John  H.  Oharnock  elected-.  ^ 31 

pay  of 31,  150 

Jefferson  and  Berkeley  counties  — 24,  25,  40 

Karns,  Samuel  D.,  medal  for 56,  61,  154 

Kitchen,  Bathuel  W.,  Senator  from  the  10th  District. 

present 3 

on  committee 22 

leave  of  absence  to 46 

bill  introduced  by 28,  79.  83,  116 

petition  presented  by 59,  64 

resolution  by 40 

motion  by — 104,  154 


INDEX. 


4 

38 

31,  150 
162 
112 


111 


175 
Pages. 

Library,  law 62,  64,  66,  103,  105,  109,  119,  126,  160 

Library,  State 2*3,  149 

Lunatics 29,  33,  87,  88,  89,  90,  91,  92,  93,  94,  95,  96,  97,  102 

Mahon,  Edward  S.,  Senator  from  the  5th  District, 

qualification  of 3 

on  committee 22,  124,  147 

petition  presented  by 54,  59,  70 

resolution  by 4,  30,  40,  73 

motion  by __53.  58,  71,  76,  87,  104,  126,  153, 

155,  156 

Mahon,  Richard  G.,  elected  doorkeeper 

qualification  of 

pay  of 

resolution  of  thanks  to 

Majority  of  the  Senate,  what  constitutes 

Mathews,  Henry  M.,  Senator  from  the  9th  District, 

absent 

the  oath  taken  by 

address  to  the  Senate  by 

oath  taken  by,  not  sufficient 

resolution  concerning 

Mileage  refused  to 

seat  of.  declared  vacant 

resolution  to  fill  vacant  seat  of__ 

Maxwell,  Edwin,  Senator  from  the  4th  District, 

present 

on  committee 5.  22,  23 

bill  introduced  by 

petition  presented  by.- 

protest  by 

resolution  by 4,  5,  23 

report  bv_..25,  27,  32,  36,  41,  44,  47,  49, .51. 

54,  58,  66,  68,  69,  75,  78.  79,  82,  86, 
103,  109.  110,  114,  115,  118,  130, 

140,  141 

motion  by__22,  32,  34,  36,  50,  56,  58,  66,  71,  81, 
82,  85,  87,97,  104.  105, 107,  116,  119, 
121.  122,  134,  136,  139.  143,  144,  145, 
146,  147.  148,  153,  154,  157,  161,  162, 

167 

Medal  for  Samuel  D.  Karns 56,  61,  154 

Medals  for  soldiers 43,  44,  50,  53 

Members,  mileage  of 29,  30,  142 

Message,  Governor’s 5.  87,  152,  167 

House  of  Delegates’-^,  24,  25,  29,  31,  33,  34,  35,  37,  39, 
42.  43,  46,  49,  51,  54,  57,  62,  65,  72, 
74,  77,  81,  82,  85,  98,  100,  102,  104, 
107, 108,  112,  116,  117,  122,  139,  144, 
147,  148, 151,  155.  156,  157,  158,  159, 

167 


83, 


o 

4 

4 

4 

31 

33 

83 

161 


167 

121 

38 

76 

130 


170 


INDEX. 


* 


Pages. 

Mileage  of  Members 29,  30,  142 

Moore,  Edwin  W.  S.,  appointed  assistant  clerk 22 

pay  of 22,  142 

qualification  of 38- 

resolution  of  thanks  to 162 

O'Brien,  Emmet  J.,  Senator  from  the  6th  District, 

qualification  of-  5 

on  committee 22,  23 

bill  introduced  by 57 

petition  presented 125 

a vote  of,  changed 149 

resolution  by 28,  38 

motion  by 61,  98,  111,  139,  160 

Pages  appointed 4 

Peck,  Daniel/Senator  from  the  1st  District. 

present 3 

on  committee-- 22 


bill  introduced  by- -26,  32,  33,  48,  54,  72,118,  121. 

160 


petition  presented  by 26,  43,  48 

resolution  bv____4.  23,  28,  40.  59,  61,  62,  64,  73,  103, 

133,  159 

report  by  — 32 

motion  by 41,  47,  53,  55,  58,  59,  64,  73,  76,  77,  82, 

104,  107.  112,  117,  120,  123,  137,  138, 
149,  158,  161,  167 

Penitentiary . 65,  66,  69.  81,  82,  85,  86,  87,  104 

President  of  the  Senate,  vote  for. 3,  4 

W.  E.  Stevenson  elected 4 

decision  of,  sustained •_  ' 112 

President  Johnson,  resolution  to  endorse 103,  104,  112,  157, 

159,  161 


Price,  William,  Senator  from  the  3d  District. 


present 3 

on  committee 22,  147 

bill  introduced  by 52 


petitions  presented  by 28 

report  by 47.  48,  52,  55,  58,  69,  72, 

75,  83,  98,  110,  118,  124, 
131,  149,  154,  160,  162 

motion  by 72,  98,  111,  117,  121 

Printing  documents— .21,  25,  37,38,  41,78,  102,  141,  142,  145, 

159,  160 


Public  Printer,  resolution  to  elect 29 

John  Frew  elected-  34,  35 

Pumphrey,  Ohas.  H.,  appointed  page 4 

pay  of 31,  142 

resolution  of  thanks  to 162 

Rebels,  resolution  concerning — 26,  27,  28 

Registry  of  voters..- 104,  105,  115,  117,  121,  125,  139,  155 

Reporter  of  the  Supreme  Court 37,  51,  58,  61,  71 


INDEX. 


177 


Pages. 

Senate,  assembling  of 8 

members  of,  present * 8 

organization  of 4 

hour  of  meeting  of 22 

rules  of 22 

standing  committees  of 22,  23 

adjournment  of 167 


Senators  and  Representatives  in  Congress. 

resolution  to  instruct 25,  32,  33,  35, 

36,  67,  71,  74,  100,  101,  102 

Sergeant-at-arms,  A.  D.  Hagans  elected 4 

pay  of 31,  150 

resolution  of  thanks  to -_  162 


Senate  Bill  No.  1. 

2 

3 

4. 

5 


24,  66,  71,  81 
24,  68,  73,  81,  102 

26,  36,  39,  47 

.26,  115,  119,  126 
26 


6  27,  31,33,  40 

7  28,  44,  48,  57 

8  30,  34,  59,  60,  82 

9  32,  34,  41,  51,  52,  54,  56,  130,  138 

10  32,  41,  59,  61,  85 

11  33,  60,  64,  74 

12  35,  115,119,  126, 159 

13  38,  41,  42 

14  38 

15  38,  63,  69,  73,  108,  109,  116 

16  38,50 

17  43,  115,  119 

18  43,  51 

19  44,  50,  52,  74 

20  44,  103,  139,  144,  148 

21  45,  55,  57,  117,  118 

22  47,  53 

23  48,  56 

24  48 


25. 

26. 
27_ 
28. 
29- 
30. 
31- 

32. 

33. 

34. 
35  . 
36_ 

37. 

38. 

39. 


48,  115,  119 

51,  58,  61,  74 

' 52,  56,  57,  74,  75 

.52,  72,  76,  117,  118.  69 , 147,  160 

54,  16,  71,  107 

57,  69,  73 

58,  61,  74 

58,  61,64,  77 

58 

58,  75 

60 

60,  70,  73,  140,  145 

60,  66,  71,  77 

60 

63,  73,  81,  84,  130 


24 


178 


INDEX. 


Senate  Bill  No.  40— 

41- 

42- 

43- 

44- 

45- 

46- 

47- 

48- 

49- 

50- 

51- 

52- 
53__ 
54  A 

55- 

56- 

57- 

58- 
59  — 
60— 
61__ 
62- 
63__ 
64  — 

65- 

66- 

67- 

68- 

69- 

70- 

71- 

72- _ 
73._ 

74- 

75- 

76- 

77- 

78- 

79- 

80- 
81-_. 


Pages. 

63,  75,  76,  80.  139,  140,  149 

63,115,119 

63,  75,  80, 117 

66,  77,  80,  102 

67,  77,  80,  102 

67,115,119 

69,  77,  80 

70,  111,  160 

72,  77,  81,  85 

72,  75,  77,  122,  123 

72,  110,  113,  139 

75,  87,  111,  111 

75,  87,  99,  100,  108 

75,  87,  99,  112 

75, 105,  111,  130 

75,  114,  119,  126 

79,  87,  99.  117 

79,  84.  86,  107,  108 

79 

81,  115,  119 

83,  86,  108 

83,  98 

86 

103,  110,  113 

109,  117 

109,  119,  126 

. 109,  119,  126 

111,  150,  159 

115 

115,  140,  145 

116,  140,  145 

118,  130,  138 

118,  120,  129 

121,  126 

121,  124,  159 

130,  138 

134,  148,  154 

141,  145,  146,159 

150 

158 

160 

161 


Slack,  Greenbury,  Senator  from  the  7th  District, 

present 3 

on  committee 22,  23 

bill  introduced  by 38,  48 

petition  presented  by — _ 22,  33,  134 

resolution  by ---26,  30,  36,  162 

report  by 25,  27,  29,  33,  35,  40,  105 

motion  by 125 


INDEX.  179 

Pages. 

Stevenson,  William  E.,  Senator  from  the  5th  District, 

present 3 

elected  President 3,  4 

decision  of,  sustained 112 

motion  by 70,  76,  100,  137,  153, 161,  162 

Title  of  Acts  and  Resolutions 131,  132,  133,  162,  163,  164,  165, 

166,  167 

Vacancy  in  the  Senate 83,  155,  161 

Washington,  birth  day  of 103,  116 

statue  of 30,  32,  34,  37 

Werninger,  A.,  contestant  for  Mr.  ITaymond’s  seat. — 22 

contest  of,  unsuccessful , 27 

Wright  Edward  D.,  Senator  from  the  8th  District, 

absent 3 

present 23 

on  committee 22,  23 

bill  introduced  by 44,  45,  60,  67,  111 

resolution  by 150 

report  by 149,  150 

motion  by 70,  116 


LIST  OF  THE  MEMBERS 

OF  THE 

FOURTH  LEGISLATURE 


OF  THE 


ASSEMBLED  IN  THE  CITY  OF  WHEELING,  JAN.  16,  1866, 


Together  with  their  Age,  Occupation,  Nativity,  County  or  District 
represented,  and  Postoffice  Address. 


S IE  IFST  .A.  T IE  . 


£1 

Name. 

O 1 
bD  1 

o 

Occupation,  1 

Nativity. 

Dis- 

trict. 

Postoffice. 

i 

W.  E.  Stevenson, 

President. 

47  Farmer, 

Penn’a, 

5th 

Parkersburg. 

2 

James  Burley 

64 

“ 

u 

2d 

Moundsville. 

3 

John  S.  Burdett ; 

47  Merchant,  i 

Virginia, 

u 

3d 

Pruntytown. 

4 

Wm.  F.  Chambers... 

66 

Farmer, 

9th 

Peterstown. 

5 

Joseph  A.  Chapline..1 

31 

Lawyer, 

it 

10th 

Shepherdstown. 

6 

James  M.  Corley 

56 

Farmer, 

u 

6th 

Weston. 

7 

D.  H.  K.  Dix 

38 

Minister, 

a 

7th 

Winfield,  Putnam  Co. 

8 

I.  H.  Duval. 

41 

Merchant, 

u 

1st 

Wellsburg. 

9 

Robert  Hagar 

56 

Minister, 

u 

8th 

Newport,  Boone  Co. 

10 

Aaron  Hawkins 

66 

Farmer, 

Penn’a, 

2d 

Basnettsville. 

11 

Daniel  Haymond 

78 

u 

Virginia,  | 

4th 

Federal  Hill,  Ritchie 

12 

B.  M.  Kitchen 

53 

u 

10th 

Shanghai. 

13 

E.  S.  Mahon  

50 

u 

Maryland, 

5th 

Ravenswood. 

14 

Edwin  Maxwell 

38 

Lawyer, 

Virginia, 

4th 

Clarksburg. 

15 

lEmmet  J.  O’Brien.... 

46 

Mechanic, 

u 

6 th 

Burnersville,  Barb’r. 

16 

[Daniel  Peck 

67 

Lawyer, 

Vermont, 

1st 

Wheeling. 

17 

1 William  Price 

61 

Farmer, 

Penn'a, 

3d 

Andy,  Monongalia  Co 

18 

Greenbury  Slack 

58 

n 

Virginia, 

7th 

Kanawha  C.  H. 

19 

E.  D.  Wright 

55 

a 

u 

8th 

Guyandotte. 

CLERK, 

Ellery  R.  Hall. 

31 

Lawyer, 

u 

Fairmont. 

I ASSISTANT  CLERK, 

E.  W.  S.  Moore. 

20 

Clerk, 

u 

Fairmont. 

SERGEANT- AT- ARMS, 

Alpheus  D.  Hagans. 

44 

Moulder, 

it 

Brandonville. 

DOORKEEPER, 

• 

Richard  G.  Mahon. 

32 

Farmer, 

. u 

Cottageville,  Jackson 

PAGES, 

Ed.  S.  Dillon, 

17 

Student, 

u 

Wheeling. 

Chas.  H.  Pumphrey. 

! 14  « 

ll 

ii 

HOUSE  OF  DELEGATES. 


6 

fc 

Name. 

to 

Occupation.  | 

Nativity,  j 

County. 

Postoffice. 

1 

D.  S.  Pinnell, 

Speaker. 

53 

Physician 

Virginia 
1 1 

Upshur, 

Buckhannon. 

2 

John  C.  Baliard 

47 

Millwright, 

Monroe, 

Doddridge, 

Centreville. 

3 

Ephraim  Bee 

63 

Farmer, 

u 

Oxford. 

4 

Jacob  C.  Beeson 

52 

Merchant 

u 

Marion, 

Fairmont. 

5 

Joseph  Bell.. 

46 

Manufacturer, 

u 

Ohio, 

Wheeling. 

6 

John  Bennett 

49 

Minister, 

u 

2d  Del.  Dis. 

Steer  Creek. 

7 

Jacob  H.  Bristor.... 

31 

Teacher, 

Penn’a, 

Taylor, 

Grafton. 

8 

Alfred  W.  Brown... 

42 

Farmer, 

Banker, 

! Virginia 

Monongalia 

Andy. 

9 

Kichard  P.  Camden 

55 

4 4 

Lewis, 

Weston. 

10 

John  S.  P.  Carroll.. 

36 

Farmer, 

I 44 

Wayne, 

Fayette, 

Buffalo  Shoals. 

11 

James  S.  Cassady... 

45 

i i 

44 

Fayette  C.  H. 
Stewart’s  Town. 

12 

Henry  S.  Combs 

47 

Ironmaster, 

i 44 

Monongalia 

13 

Mitchell  Cook 

48 

Farmer, 

Merchant 

i M 

6th  Del.  Dis. 

Wyoming  C.  H. 

14 

Samuel  Cooper 

45 

44 

Hampshire, 

Cacapon  Bridge. 

15 

David  Cunningham. 

62 

Farmer, 

U 

Marion, 

Mannington. 

16 

William  B.  Curtis... 

44 

Merchant 

Marylnd 

Ohio, 

West  Liberty. 

17 

Peter  Darnel 

50 

Millwright, 

Virginia 

Mason, 

West  Columbia. 

18 

Henry  G.  Davis 

41 

Merchant 

Marylnd 

Hampshire, 

Piedmont. 

19 

Abijah  Dolly 

49 

Farmer, 

Virginia 

44 

Hardy, 

Greenland. 

20 

Lewis  Dvche 

43 

Laborer, 

Morgan, 

Sir  John’s  Run. 

21 

Solomon  S.  Fleming 

53 

Merchant 

44 

Harrison, 

Shinnston. 

22 

James  F.  Given 

47 

Blacksmith. 

44 

Braxton, 

Mouth  of  Birch. 

23 

Nathan  Goff. 

68 

Banker, 

N.  York 

Harrison, 

Clarksburg. 

24 

Harrison  Hagans.... 

69 

Merchant 

Vermont 

Preston, 

Brandonville. 

25 

James  H.  Higgins... 

38 

Wheelwright, 

Penn’a, 

Virginia 

Jackson, 

Cottageville. 

26 

Ulysses  Hinchman.. 

58 

Physician 

Logan, 

Rich  Creek. 

27 

Abram  Hinkle 

80 

Merchant 

i t 

Pendleton, 

Mt.  Freedom. 

28 

George  Hooker 

50 

Farmer, 

Ohio, 

England 

Brooke, 

Cherry  Hill. 

29 

Jacob  Hornbrook... 

53 

Merchant 

Ohio, 

Wheeling. 

30 

Daniel  D.  Johnson.. 

29 

Farmer, 

Virginia 

44 

Tyler, 

Long  Reach. 

31 

John  Kellar 

58 

u 

Barbour, 

Pleasant  Creek. 

32 

George  Koonce 

47 

Merchant 

Ohio, 

Jefferson, 

Harper’s  Ferry. 

33 

Edmund  Kyle 

36 

Farmer, 

Penn’a, 

Wetzel, 

Pine  Grove. 

34 

Thomas  Little 

47 

4 . 

Virginia 

Mercer, 

Frenchville. 

35 

M.  L.  Lockhart 

30 

Clerk, 

Wirt, 

Wirt  C.  H. 

36 

William  Mairs 

37 

Physician 

Ohio, 

Kanawha 

Pocotaligo. 

37 

Rufus  Maxwell 

37 

Farmer, 

Virginia 

44 

5th  Del.  Dis. 

St.  George. 

38 

Joseph  E.  McCoy... 

27 

Merchant 

Roane, 

Spencer. 

39 

Chas.  H.  McCurdy.. 
A.  R.  McQuilkin.... 

44 

Farmer, 

44 

Jefferson, 

Berkeley, 

Kabletown. 

40 

48 

Merchant 

44 

Shepherdstown. 

41 

H.  C.  McWhorter... 

29 

Lawyer, 

Ohio, 

Kanawha 

Charleston. 

42 

Anthony  Rader 

55 

Physician 

Virginia 

3d  Del.  Dis. 

Summersville. 

43 

Eli  Riddle 

61 

Farmer, 

“ 

Ritchie, 

Pennsboro. 

44 

Buckner  J.  Smith... 

44 

Brick  maker 

Ohio, 

Hancock, 

Berkeley, 

New  Cumberland. 

45 

William  Smith 

46 

Farmer, 

Penn’a,. 

Martinsburg. 

46 

Samuel  S.  Spencer.. 

44 

u 

Virginia 

1st  Del.  Dis. 

Parkersburg. 

47 

Samuel  B.  Stidger.. 

35 

Physician 

Minister, 

Ohio, 

Virginia 

fc  4 

Marshall, 

Moundsville. 

48 

Thos.  H.  Trainer... 

48 

44 

44 

49 

Jas.  W.  Williamson. 

53 

Farmer, 

1st  Del.  Dis. 

Ben’s  Run. 

50 

'John  S.  Witcher 

26 

Merchant 

I u 

Cabell, 

Cabell  C.  H. 

HOUSE  OF  DELEGATES— Continued. 


© 

yA 

Names. 

Occupation. 

Nativity.  County. 

Postoffice. 

51 

William  Workman.. 

44 

Farmer, 

Virginia  Boone, 

Baldknob, 

52 

William  B.  Zinn 

68 

4 

“ | Preston, 

Reedsville, 

CLERK,  * 

Wm.  P.  Hubbard... 

22 

Lawyer, 

a ; 

Wheeling, 

ASSISTANT  CLERK, 

Andrew  Johnson.... 

23 

Clerk, 

a 

(Wheeling, 

COMMITTEE  CLERKS, 

I 

George  Cozad 

24 

Lawyer, 

Ohio, 

Buckhannon, 

J.  L.  S.  Hall. 

23 

Farmer, 

Virginia 

Fairmont, 

Van  B.  Hall 

31 

Clerk, 

4 4 

Wheeling, 

serg’t  at  arms, 

S.  G.  W.  Morrison.. 

45 

Foundryman 

Marylnd 

a 

DOORKEEPER, 

Joseph  S.  Wheat.  ... 

63 

Tanner, 

Virginia 

Berkeley  Springs. 

■ PAGES, 

i 

John  W.  Morrison... 

15 

Student, 

a | 

Wheeling. 

John  A.  Fleming.... 

15 

a 

a 

Shinnston. 

George  W.  Myers...! 

13 

u 

“ i 

Wheeling. 

STANDING  COMMITTEES. 


SENATE. 

Privileges  and  Elections. — Slack,  Burdett,  Chambers,  Mahon,  Peck. 
Internal  Improvements  and  Navigation. — Burley,  Price,  Slack,  Hawkins, 
Kitchen. 

Judiciary. — Maxwell,  Peck,  Chapline,  Burley,  Slack. 

Education. — Dix,  Chapline,  Maxwell. 

Finance  and  Claims. — Burdett,  Peck,  Hawkins,  Chapline,  Kitchen. 
Humane  and  Criminal  Institutions. — Slack,  Dix,  Chambers,  Maxwell, 
Duval. 

Banks  and  Corporations. — Chapline,  Haymond,  Burley,  O’Brien,  Wright. 
Township  and  County  Organization  and  Municipal  Corporations. — Price, 
Mahon,  Peck,  Corley,  O’Brien. 

Enrolled  Bills. — Price,  Duval,  Kitchen. 

Library. — Wright,  O’Brien,  Dix. 

Executive  Expenditures. — Burdett,  Burley,  Slack. 

Military  Affairs. — Duval,  Corley,  Burdett. 

To  examine  Auditor's  office , Treasurer's  Accounts , and  Bonds  of  Public 
officers. — Wright,  Chapline,  Maxwell. 

To  examine  Clerk's  Office. — Hawkins,  Corley,  O’Brien. 


STANDING  COMMITTEES— Continued. 


HOUSE  OF  DELEGATES. 

Elections  and  Privileges. — Fleming,  Hornbrook,  Rader,  Kyle,  McQuilkin. 

Taxation  and  Finance. — Goff,  Davis,  Camden,  Bell, -Beeson. 

Military  Affairs. — Curtis,  Witcher,  Johnson,  Darnel,  McWhorter. 

Judiciary. — McWhorter,  Hagans,  Maxwell,  Goff,  Lockhart. 

Education. — Trainer,  Bristol',  Curtis,  Carroll,  Riddle. 

Counties , Townships  and  Municipal  Corporations. — Cassady,  Smith  of 
Berkeley,  Combs,  Hooker,  Given. 

Private  Corporations  and  Joint  Stock  Companies. — Bell,  McCurdy,  Spencer, 
Darnel. 

Roads  and  Internal  Navigation-Hagans,  Spencer,  Bristor,  Mairs,  Workman. 

Forfeited  and  Unappropriated  Lands. — Bee,  Cook,  Dyche,  Cunningham, 
Kellar. 

Claims  and  Grievances. — Zinn,  Williamson,  Hinchman,  Bennett. 

Executive  Offices. — Brown,  Hinkle,  Bristor,  Beeson. 

Humane  and  Criminal  Institutions. — Camden,  Stidger,  Mairs,  Cooper, 
Hornbrook. 

Printing  and  Contingent  Expenses. — Smith  of  Hancock,  Dolly,  Fleming, 
Koonce. 

Arts , Sciences  and  General  Improvements. — Koonce,  Combs,  Hagans, 
Higgins. 

Enrolled  Bills. — Lockhart,  Johnson,  Witcher. 

SPECIAL  COMMITTEES. 

Tempera, nee. — Cunningham,  Stidger,  Combs,  Mairs,  Hornbrook. 

Baltimore  and  Ohio  Rail  Road. — Zinn,  Bell,  McWhorter,  Camden,  Spencer. 


EXECUTIVE  DEPARTMENT. 


Governor — Arthur  I.  Boreman,  of  Wood  county. 

Auditor — Joseph  M.  McWhorter,  of  Roane  county. 

Treasurer. — Campbell  Tarr,  of  Brooke  county. 

Secretary  of  the  State. — Granville  D.  Hall,  of  Harrison  county. 

Attorney  General. — Ephraim  B.  Hall,  of  Marion  county. 

Adjutant  General. — Francis  P.  Peirpoint,  of  Ritchie  county. 
Quartermaster- General. — George  W.  Brown,  of  Preston  county. 

State  Superintendent  of  Free  Schools. — William  R.  White,  of  Marion  co. 
Commissioner  of  Immigration. — J.  H.  Diss  Debar,  of  Doddridge  county. 

supreme  court  of  appeals. 

President. — Ralph  L.  Berkshire,  of  Monongalia. 

Associate  Judge • — James  H.  Brown,  of  Kanawha. 

11  11  William  A.  Harrison,  of  Harrison. 

Clerk. — Sylvanus  W.  Hall,  of  Marion. 


Senate  Bill  IST o.  1. 

A BILL  to  explain  and  amend  an  act  passed 
November  16th,  1863,  entitled  “ An  Act  to 
amend  and  re-enact  the  first  section  of  an  act 
entitled  ‘An  Act  concerning  oaths  and  affirma- 
tions, passed  June  twenty-sixth,  eighteen  hun- 
dred and  sixtv-three. 

Whereas,  doubts  have  arisen  as  to  the  proper 
construction  and  intention  of  the  said  Act  passed 
November  16th,  1863,  in  its  application  to  Attor- 
neys at  Law. 

Be  it  therefore  enacted  by  the  Legislature  of  West 
Virginia : 

1.  All  attorneys  at  law,  whether  residents 

2 or  non-residents  of  this  State,  shall  be  deemed 

3 and  held  to  be  officers  of  trust  within  the  true 

4 intent  and  provision  of  the  said  act,  and  shall 

5 not  be  permitted  to  practice  in  any  of  the 

6 courts,  or  before  any  judge,  justice,  recorder, 

7 board  or  other  tribunal  of  this  State,  without 

8 having  first  taken  and  subscribed  the  oath 

9 prescribed  by  the  said  Act,  in  addition  to  the 

10  other  oaths  now  required  by  law  of  such  attor- 

11  neys,  and  the  said  act,  with  this  amendment, 

12  is  hereby  declared  to  be  re-enacted,  so  as  oth- 

13  erwise  to  read  as  heretofore. 


# 

Senate  Bill  USTo.  2. 

A BILL  to  prevent  and  punish  the  forcible  or 
unlawful  obstruction  of  public  justice. 

Be  it  enacted  by  the  Legislature  of  West  Virginia  : 

1.  The  Circuit  Courts,  and  especially  the 

2 Supreme  Court  of  Appeals  of  West  Virginia, 

3 are  alone  authorized  to  interpret  and  determ- 

4 ine  the  constitutionality  of  any  law  of  the  Leg- 

5 islature  of  this  State. 

2.  No  officer  in  the  lawful  exercise  or  dis- 

2 charge  of  his  official  duty  under  any  law  of  the 

3 Legislature,  or  any  order  or  proclamation  of 

4 the  Governor  of  this  State,  shall  be  deemed 

5 personally  responsible  therefor  (either  civilly 

6 or  criminally)  by  reason  of  such  law7,  order,  or 

7 proclamation,  being  afterwards  adjudged  by 

8 any  Court  of  this  State,  to  be  unconstitutional 

9 and  void. 

3.  Any  officer  of  this  State,  wdiose  duty  it  is 

2 to  execute  or  enforce  any  law7  of  the  Legisla- 

3 ture,  or  any  legal  process  or  proceeding  arising 

4 thereunder,  or  any  lawful  order  or  proclamation 

5 of  the  Governor  of  West  Virginia,  and  who 

6 shall  wilfully  neglect,  or  refuse  to  execute  or 

7 enforce  the  same,  shall,  for  every  such  offense, 

8 be  deemed  guilty  of  a misdemeanor,  and  upon 

9 conviction  thereof  by  a jury,  shall  be  liable  to 

10  a fine  of  not  less  than  fifty  nor  more  than  five 

11  hundred  dollars,  and  to  imprisonment  in  the 


2 

12  public  jail  of  the  county  for  not  less  than  one 

13  month  nor  more  than  one  year,  at  the  discre- 

14  tion  of  the  Court. 

4.  Any  person  who,  by  threats  or  menaces, 

2 words,  acts,  letters,  writings,  public  speeches, 

3 printing,  publishing,  or  otherwise,  shall  forci- 

4 bly  or  illegally,  hinder,  obstruct  or  oppose,  or 

5 attempt  to  hinder,  obstruct  or  oppose,  any 

6 officer  of  this  State  (whether  civil  or  military) 
7.  in  the  lawful  exercise  or  discharge  of  his  offi- 

8 cial  duty,  shall,  for  every  such  offense,  dedeem- 

9 ed  guilty  of  a misdemeanor ; and  on  conviction 

10  thereof  by  a jury,  shall  be  liable  to  a fine  of 

11  not  less  than  one  hundred,  nor  more  than  one 

12  thousand  dollars,  and  to  imprisonment  in  the 

13  public  jail  of  the  county  for  not  less  than  one 

14  month,  nor  more  than  one  year,  at  the  discre- 

15  tion  of  the  Court.  Provided , That  nothing  in 

16  this  act  shall  be  construed  as  impairing  or 

17  affecting  the  right  of  any  party,  by  proper 

18  legal  process  or  proceeding,  before  any  court 

19  or  courts  of  this  State,  or  any  judge  thereof,  to 

20  question  or  contest  the  validity  or  constitu- 

21  tionality  of  any  law  of  the  Legislature,  or  any 

22  process,  judgment,  or  proceeding  of  any  court, 

23  judge,  or  other  officer  of  this  State,  or  any 

24  order  or  proclamation  of  the  Governor. 


Senate  Bill  ]STo.  3. 

A BILL  amending  section  44  of  chapter  100  of 
the  Acts  of  1863. 

Be  it  enacted  by  the  Legislature  of  West  Virginia  : 
That  section  forty-four  of  chapter  one  hundred 
of  the  Acts  of  1863,  is  hereby  amended  and  re- 
enacted, so  as  to  read  as  follows : 

44.  When  any  vacancy  exists  in  the  office  of 

2 Judge  of  the  Supreme  Court  of  Appeals,  or  of 

3 any  circuit,  or  Secretary  of  the  State,  Auditor, 

4 Treasurer,  or  Attorney  General,  the  Governor 

5 shall  fill  such  vacancy  by  temporary  appoint- 

6 ment,  which  appointment  shall  continue  until 

7 the  same  be  filled  by  an  election  to  fill  the  same 

8 at  the  next  general  election,  after  such  vacancy 

9 accrues,  and  until  such  person  so  elected  shall 

10  be  duly  qualified  therein.  The  bond,  if  any  be 

11  required  by  law,  to  be  given  by  the  officer  so 

12  temporarily  appointed,  shall  be  in  such  pen- 

13  alty  as  the  Governor  may  direct,  or  may  be 


14 

15 

10 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 


2 


dispensed  with,  if  he  so  order.  And  if  there 
be  any  vacancy  in  the  representation  from  this 
State,  in  the  Congress  of  the  United  States,  the 
Governor  shall,  within  ten  days  after  the  fact 
comes  to  his  knowledge,  give  notice  thereof  by 
proclamation,  to  be  published  in  such  newspa- 
pers in  the  district  where  such  vacancy  may 
occur,  as  he  may  deem  best  calculated  to  give 
information  thereof  to  the  voters  of  such  dis- 
trict, and  in  such  proclamation  he  shall  ap- 
point some  day,  not  over  sixty,  nor  less  than 
thirty  days  from  the  date  thereof,  for  holding 
the  election  to  till  such  vacancy,  which  election 
shall  be  held  accordingly;  and  the  Governor 
shall  issue  writs  of  election,  directed  to  the 
Sheriffs  ol  the  counties  included  in  the  said 
Congressional  district,  and  the  Sheriffs,  on  the 
receipt  of  the  same,  shall  give  notice  to  the 
Supervisors  and  Inspectors  of  Elections  of  the 
several  townships  of  his  county. 


Senate  13 ill  ISTo.  4. 

A BILL  to  amend  an  Act  passed  March  1st,  1865, 
entitled  “An  Act  in  relation  to  the  Statutes  of 
Limitation.” 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1.  The  act  passed  March  1st,  1865,  entitled 

2 “An  Act  in  relation  to  the  Statutes  of  Limita- 

3 tion,”  shall  be  amended  and  re-enacted  so  as 

4 to  read  as  follows  : 

“ In  computing  the  time  within  which  any 

2 civil  suit,  proceeding  or  appeal,  or  any  criminal 

3 prosecution  or  proceeding,  shall  be  barred  by 

4 any  statute  of  limitations,  the  period  from  the 

5 seventeenth  day  of  April,  eighteen  hundred  and 

6 sixty-one,  to  the  first  day  of  March,  eighteen 

7 hundred  and  sixty-five,  shall  be  excluded  from 

8 such  computation.” 


Senate  Bill  USTo.  5. 

A BILL  to  authorize  the  Board  of  Supervisors  to 
appoint  a Surveyor  of  Roads  for  each  road  pre- 
cinct in  any  County. 

Be  it  enacted  by  the  Legislature  oj  West  Virginia : 

1.  The  seventh  section  of  the  act  passed 

2 November  thirteen,  eighteen  hundred  and 

3 sixty- three,  (entitled  “An  Act  to  regulate  elec- 

4 tions  by  the  people)  directing  a surveyor  of 

5 roads  to  be  elected  for  each  road  precinct  in 

6 any  township,  is  hereby  changed  so  as  to  au- 

7 thorize  and  require  the  board  of  supervisors 

8 of  every  county  to  appoint  a surveyor  of  roads 

9 for  each  township  precinct  in  the  same,  (in  lieu 

10  of  any  popular  election  therefor,)  whose  duties, 

11  liabilities  and  term  of  office  shall  otherwise 


12  remain  as  heretofore. 


Senate  Bill  USTo.  6. 


A BILL  to  amend  and  re-enact  section  3d  and 
4th  of  chapter  102  of  the  Code  of  Virginia, 
second  edition. 

Be  it  enacted  by  the  Legislature  of  1 Vest  Virginia  : 
1.  Section  third  and  fourth  of  chapter  one 

2 hundred  and  two  of  the  Code  of  Virginia, 

3 second  edition,  be  amended  and  re-enacted  so 

4 as  to  read  as  follows : 

“3.  Every  person- shall  so  restrain  his  dis- 

2 tempered  cattle  or  sheep,  or  such  as  are  under 

3 his  care,  that  they  may  not  go  at  large  off  the 

4 land  to  which  they  belong,  and  no  person  shall 

5 drive  any  distempered  cattle  or  sheep  into  or 

6 through  the  State,  or  from  one  part  thereof  to 

7 another,  or  over  or  across  any  public  road  in 

8 the  State  ; and  when  any  such  cattle  or  sheep 

9 shall  die,  the  owner  thereof  or  person  having 

10  them  in  charge  shall  cause  them  to  be  buried, 

11  with  their  hides  on,  four  feet  deep.  If  any  per- 


2 

12  son  shall  offend  against  this  section  in  any 

13  respect,  he  shall  forfeit  four  dollars  for  every 

14  head  of  each  cattle  or  sheep. 

“ 4.  Any  justice,  upon  proof  before  him,  that 

2 any  cattle  or  sheep  are  going  at  large,  or  are 

3 driven  in  or  through  his  county  or  township 

4 in  violation  of  the  preceding  section,  may  direct 

5 the  owner  to  impound  them ; and  if  he  fail  to 

6 do  so,  or  suffer  them  to  escape  from  the  pound 

7 before  obtaining  from  a justice  a certificate  that 

8 they  may  be  removed  with  safety;  the  justice 

9 giving  such  direction,  or  some  other  justice 

10  shall  order  them  to  be  killed  and  buried  four 

11  feet  deep  with  their  hides  on,  but  so  cut  that 

12  none  may  be  tempted  to  take  them  up.” 


Senate  Bill  ISTo.  7. 

A BILL  to  authorize  the  sale  of  a lot  in  or  near 
the  town  of  Martinsburg. 

Whereas,  Adam  Stephens,  the  original  proprie- 
tor of  the  land  upon  which  the  town  of  Martins- 
burg, in  the  county  of  Berkely,  was  established, 
granted  to  the  inhabitants  of  said  town  a lot  situ- 
ated on  or  near  said  town  for  school  purposes ; and 
whereas,  by  reason  of  its  proximity  to  the  Balti- 
more and  Ohio  Railroad  it  has  become  unsuitable 
as  a site  for  a public  school  and  for  many  years 
has  been  abandoned  as  such ; 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

That  the  Mayor  and  Common  Council  of  said 

2 town  be  and  they  are  hereby  authorized  to  make 

3 sales  of  said  lot,  at  public  or  private  sale  as 

4 they  may  deem  best  for  the  interests  of  the 

5 inhabitants  of  said  town,  with  full  power  to 

6 execute  and  deliver  a deed  for  the  same.  Pro- 

7 vided  however,  that  before  the  purchase  money 

8 or  any  part  thereof  shall  be  paid  to  the  treas- 

9 urer  of  said  corporation,  he  shall  execute  a 

10  bond  to  the  said  Mayor  and  Common  Council 

11  with  satisfactory  security,  conditioned  for  the 

12  safe  keeping  and  proper  disbursement  of  said 

13  money. 


* 

. 


* 


f 


Senate  Bill  ]STo.  S. 

A BILL  amending  section  94  chapter  118,  of  the 
Acts  of  1863. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  That  section  ninety  four  of  an  act  entitled 

2 “An  Act  to  provide  for  the  assessment  of  Taxes” 

3 passed  December  3,  1863,  be  amended  and  re- 

4 enacted  so  as  to  read  as  follows: 

1 94.  Every  assessor  shall  be  entitled  to  re- 

2 ceive  in  consideration  of  his  services,  to  be  paid 

3 out  of  the  county  treasury  as  other  claims 

4 against  the  county  are  paid,  a commission  of 

5 three  per  centum  on  the  amount  of  taxes  law- 

6 fully  assessed  by  him  on  persons  and  property 

7 within  the  preceding  twelve  months.  But 

8 where  taxes  on  persons  and  property  asses- 

9 sed  in  any  district  in  a county  exceed  twenty 

10  thousand  dollars,  the  commission  allowed  on 

11  the  excess  shall  be  two  per  centum ; and  where 

12  the  said  taxes  assessed  in  any  district  in  a city 

13  or  town  exceed  sixteen  thousand  dollars,  the 

14  commission  allowed  on  the  excess  shall  be  one 

15  and-a-half  per  centum. 


, 

■ 


’ 

- 

f 


. 


' 


. 


■ 


Senate  Bill  ]N"o.  9. 

A BILL  to  legalize  the  execution,  acknowledg- 
ment and  recording  of  certain  deeds  in  Monroe 
County. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  That  the  execution  of  the  deed  from 

2 Robert  Dunlap  and  Mary  J.  C.  Dunlap  his 

3 wife,  to  Mary  M.  Harrison,  wife  of  Nathaniel 

4 Harrison  of  Monroe  county,  State  of  West  Vir- 

5 ginia,  bearing  date ‘the  14th  day  of  October 

6 1864,  and  admitted  to  record  in  the  late  county 

7 court  of  Monroe  county  on  the  6tli  day  of  May 

8 1865,  and  the  acknowledgment,  and  the  record- 

9 ing  of  the  same  be,  and  the  same  is  legalized, 

10  and  declared  to  be  valid ; and  also  the  deed 

11  from  George  W.  Hutchinson,  special  Commis- 

12  sioner  of  the  former  circuit  court  of  said  county 

13  of  Monroe,  to  the  said  Mary  M.  Harrison,  bear- 

14  ing  date  the  2nd  day  of  November  1864,  and 

15  admitted  to  record  in  the  said  county  of  Monroe, 

16  on  the  22d  day  of  November  1864,  is  hereby 

17  legalized  and  declared  to  be  valid,  and  effectual 

18  in  law. 


' 

. 

* 


» 


■ 


. 


Senate  Bill  USTo.  10. 

A BILL  securing  Liens  to  Mechanics,  Laborers  and  others. 

Be  it  enacted  by  the  Legislature,  of  West  Virginia : 

1 1.  That  every  mechanic,  builder,  artisan,  workman,  la- 

2 borer  or  other  person,  who  shall  do,  or  perform  any  work  or 

3 labor  upon,  or  furnishing  any  materials,  machinery  or  fixtures 

4 for  any  building,  erection  or  other  improvement  upon  land, 

5 including  contractors,  sub-contractors,  material  furnishers, 

6 mechanics  and  laborers  engaged  in  the  construction  of  any 

7 railroad,  or  other  work  of  internal  improvement,  or  for  the 

8 work  or  labor  or  work  done  on  any  steamboat  or  other  water 

9 craft,  or  materials  furnished  for  the  same,  or  for  the  repairing 

10  of  the  same,  under  and  by  virtue  of  any  contract  with  the 

11  owner  or  proprietor  thereof,  his  agent,  trustee,  contractor, 

12  or  sub-contractor,  [upon  complying  with  the  provisions  of  this 

13  Act,  shall  have  for  his  work  or  labor  done,  or  materials,  ma- 

14  chinery  or  fixtures  furnished,  a lien  upon  such  building,  erec- 

15  tion  or  improvement,  and  upon  the  land  belonging  to  such 

16  owner  or  proprietor  on  which  the  same  is  situated,  so  secure 

17  the  payment  of  such  work  or  labor  done,  or  materials,  ma- 

18  chinery  or  fixtures  furnished. 

1 2.  Every  sub-contractor,  wishing  to  avail  himself  of  the 


2 benefits  of  this  Act,  shall  give  notice  to  the  owner  or  propri- 

3 etor,  or  his  agent  or  trustee,  before  or  at  the  time  he  furnish- 

4 es  any  of  the  things  aforesaid,  or  performs  any  of  the  labor, 

5 of  his  intention  to  furnish  or  perform  the  same,  and  the  prob- 

6 able  value  thereof;  and  if  afterwards  the  things  are  furnished, 

7 or  labor  done,  the  sub-contractor  shall  settle  with  the  con- 

8 tractor  therefor,  and  having  made  the  settlement  in  writing, 

» 

9 the  same  signed  by  the  contractor  and  certified  by  him  to  be 

10  just,  shall  be  presented  to  the  owner  or  proprietor,  or  his 

11  agent  or  his  trustees,  and  left  with  him,  and  within  thirty 

12  days  from  the  time  the  things  shall  have  been  furnished,  or  the 

13  labor  performed,  the  sub-contractor  shall  file  with  the  recorder 

14  of  the  county  in  which  the  building,  erection,  boat,  water  craft 

15  or  other  improvement  is  situated,  a copy  of  the  settlement  be- 

16  tween  him  and  the  contractor,  which  shall  be  a lien  on  the 

17  building,  erection,  boat,  water-craft  or  other  improvement,  for 

18  which  the  things  were  furnished,  or  for  which  the  labor  was 

19  performed,  and  shall  at  the  same  time  file  a correct  description 

20  of  the  property  to  be  charged  with  the  lien,  the  correctness  of 

21  which  shall  be  verified  by  affidavit. 

1 3.  If  the  contractor  shall  for  any  reason  fail  or  refuse  to 

2 make  and  sign  such  settlement  in  writing  with  the  sub-con- 

3 tractor,  when  the  same  is  demanded,  then  the  sub-contracto- 


4 shall  make  a just  and  true  statement  of  work  and  labor  done, 

5 or  things  furnished  by  him,  giving  all  credits,  which  he  shall 

6 present  to  the  owner  or  proprietsr,  or  his  agent  or  trustee,  and 

7 shall  also,  within  thirty  days,  file  a copy  of  the  same,  verified 

8 by  affidavit,  with  the  recorder  of  the  county  in  which  the 

9 building,  erection,  boat  or  other  improvement  may  be  situated, 

10  together  with  a correct  description  of  the  property  to  be 

11  charged  with  the  lien. 

1 4.  The  certificate  of  settlement  made  as  aforesaid,  or  the 

2 statement  of  the  sub-contractor,  shall  be  a justification  to  the 

3 employer  in  withholding  from  the  contractor  the  amount  ap- 

4 pearing  thereby  to  be  due  to  the  sub-contractor,  until  he  is 

5 satisfied  that  the  same  has  been  paid,  and  the  employer  shall 

6 become  the  surety  of  the  contractor  to  the  sub-contractor  for 

7 the  amouut  due  for  such  work  and  labor  or  things  furnished, 

8 not,  however,  exceeding  the  value  thereof  as  notified  under 

9 section  second. 

Vi 

1 5.  The  notices  mentioned  shall  be  served  as  other  notices 

2 are  directed  to  be  served. 

1 6.  It  shall  be  the  duty  of  every  person,  except  as  has  been 

2 provided  for  sub-contractors,  who  wishes  to  avail  himself  of  the 

3 provisions  of  this  act,  to  file  with  the  recorder  of  the  county  in 

4 which  the  building,  erection,  or  other  improvement,  to  be 


4 


5 charged  with  the  lien,  is  situated,  and  within  ninety  days  after 

6 the  things  aforesaid  shall  have  been  furnished,  or  the  work  and 

7 labor  done,  or  performed,  a just  and  true  account  of  the 

8 demand  due  or  owing  to  him,  after  allowing  all  credits,  and 

8 containing  a correct  description  of  the  property  to  be  charged 

9 with  said  lien,  and  testified  by  affidavit. 

1 7.  It  shall  be  the  duty  of  the  recorder  of  the  county  to 

2 endorse  upon  every  account  the  date  of  its  filing,  and  record 

3 the  same  in  a book  by  him  to  be  kept  for  that  purpose,  to  be 
4.  called  “The  Mechanic’s  Lien  Record,”  properly  indexed,  and 

5 he  shall  state  the  time  of  the  filing  of  the  same,  the  description 

6 of  the  property  to  be  charged  by  the  said  lien,  and  shall,  when 

7 duly  required,  enter  satisfaction  on  the  same,  for  which  said 

8 recorder  shall  receive  in  each  case  the  sum  of  $ , to  be 

9 paid  by  the  person  imposing  the  lien,  which  shall  be  taxed  and 

10  collected  as  other  costs,  in  case  there  be  a- suit  thereon. 

1 8.  Where  there  are  several  contractors  under  the  same  em- 

2 ployer,  for  the  building  or  erection,  or  other  improvement,  or 

3 for  work  or  labor,  or  for  things  furnished  for  the  same  erection 

4 or  improvement,  where  the  work,  labor  and  materials  are 

5 necessary  towards  the  completion  of  the  same,  the  said  several 
. 6,  lienors  shall  have  no  priority  of  lien  for  such  w;ork  and  labpr, 

7 or  materials,  furnished  ;■  and  if- the  said  structure  and  the  ground 


5 


8 on  which  the  same  is  situated,  be  not  sufficient  to  pay  the 

9 expense  of  the  whole  structure,  the  said  laborers  and  material 
10  men  shall  be  paid  pro  rata. 

1 9.  The  entire  land  upon  which  any  such  building,  erection, 

2 or  other  improvement  is  situated,  including  as  well  that  part 
8 of  said  land  which  is.  not  covered  with  such  building,  erection, 

4 or  other  improvement,  shall  be  subject  to  all  liens  created  by 

5 this  act,  to  the  extent,  and  only  to  the  extent,  of  ail  the  right, 

6 title,  and  interest,  owned  therein  by  the  owner  or  proprietor  of 

7 such  building,  erection,  or  other  improvemsnt,  for  whose 

8 immediate  use  or  benefit  such  labor  was -done  or  things  were 

* 

9 furnished ; and  when  the  interest  owned  in  said  land,  by 
10  such  owner  or  proprietor  of  such  building,  erection,  or  other 

12  improvement,  is  only  lease,  not.  interest,  the  forfeiture  of  such 

13  lease  for  the  non-payment  of  rent,  or  for  non-compliance  with 

14  any  othor  stipulations  therein,  shall  not  forfeit  or  impair  such 

15  liens,  so  far  as  it  concerns  the  building,  erection  and  improve- 

16  ment  thereon,  put  by  such  owner  or  proprietor,  charged  with 

17  such  lien,  but  such  building,  erection,  or  improvement  may  be 

18  sold  to  satisfy  such  lien,  and  be  moved  within  thirty  days 

19  thereafter  to  sale  by  the  undertaker. 

1 10.  Tne  lien  for  the  things  aforesaid,  or  work,  shall  attach 

.2  to.  the  building,  erection,  or  improvement,  for  which  they  fur- 


6 


3 nished,  or  the  work  was  done  in  preference  to  any  prior  lien 

4 or  incumbrance,  or  mortgage  or  deed  of  trust,  upon  the  land 

6 upon  which  said  building,  erection,  or  improvement,  have  been 

7 erected  or  put : and  any  person  enforcting  such  lien,  may  have 

8 such  building,  erection,  or  improvement  sold,  and  the  purchaser 

9 may  vendue  the  same  within  a reasonable  time  thereafter. 

1 11.  Any  person  having  a lien  under,  or  by  virtue  of  this 

2 act,  may  file  a bill  in  chancery  to  enforce  the  same ; and  any 

3 other  person  having  a lien  thereon,  may  file  his  petition  in  the 

4 said  case  and  be  made  defendant  therein,  and  make  his  claim 

5 in  the  same  manner  as  though  he  had  been  plaintiff  in  the  case, 

6 according  to  the  practice  in  courts  of  chancery. 

1 12.  In  case  of  death  of  any  of  the  parties,  whether  before 

2 or  after  suit,  the  personal  representative  of  such  deceased 

3 party  shall  be  made  the  plaintiff,  or  defendant,  as  the  case  may 

4 require. 

1 13.  All  persons  furnishing  things  or.  doing  work  provided 

2 for  by  this  act,  shall  be  considered  sub- contractors,  except  such 

3 as  therefor  have  contracted  singly  with  the  owner,  proprietor, 

4 his  agent  or  trustee. 

1 14.  Nothing  herein  containedshall  be  so  construed  as  to  give 

2 a sub-contractor  or  laborer  a lien  for  any  amount  greater  than 


1 


3 that  originally  contracted  for  between  the  employer  and  con- 

4 tractor. 

1 15.  No  person  who  shall  take  colateral  security  for  the 

2 payment  of  the  money  for  any  structure,  shall  be  entitled  to 

3 the  lien  provided  iu  this  act,  but  the  taking  the  note  or  bill  of 

4 exchange  of  the  party  liable  shall  not  be  construed  suich 

5 security. 


\ 


\ 


Senate  Bill  No.  11. 

A BILL  to  incorporate  the  Jonathan’s  Gant  and 
Glenn’s  Run  Turnpike  Company. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  That  it  shall  be  lawful  to  open  books  for 

2 receiving  subscriptions  to  an  amount  not  ex^ 

3 ceeding  fifteen  thousand  dollars,  divided  into 

4 shares  of  twenty-five  dollars  each,  to  constitute 

5 a joint  capital  stock  for  constructing  a turn- 

6 pike  road  from  Jonathan’s  Gaut,  at  the  north 

7 end  of  Main  street  of  the  city  of  Wheeling,  to 

8 Glenn's  Run,  in  Ohio  county  and  State  of  West 

9 Virginia ; to  be  located  on  or  near  or  on  the 

10  track  of  the  road  surveyed  by  order  of  the  said 

11  Ohio  county,  through  the  lands  of  the  late 

12  Andrew  P.  Woods  and  others,  and  on  record 

13  in  the  said  county,  by  and  with  the  consent  of 

14  the  supervisors  of  the  said  county.  The  said 

15  books  shall  be  opened  under  the  direction  of 
lb  Robert  Crangle,  George  T.  Tingle,  Joseph  Bell, 

17  Alexander  M.  Jacob  and  David  Garden,  or 

18  any  two  of  them,  for  the  purpose  of  receiving 

19  subscriptions,  and  when  two  thousand  dollars 

20  shall  have  been  subscribed  by  responsible 

21  persons,  bona  fide,  then  the  said  subscribers 


2 

22  shall  be  incorporated  by  the  name  of  the  Jona- 

23  than’s  Gant  and  Glenn’s  Run  Turnpike  Com- 

24  pany. 

1 2.  Said  turnpike  road  shall  be  opened  not 

2 less  than  twenty-seven  feet  wide,  provided  the 

3 said  company  shall  not  be  compelled  to  pave 

4 or  gravel  the  side  walks  of  the  said  road,  and 

5 said  company  may  cover  the  said  road  with 

6 such  material  as  may  be  ordered  by  the  diree- 

7 tors  of  the  same ; but  said  corporation  shall 

8 be  subject  to  the  provisions  of  the  Code  in  re- 

9 lation  to  turnpike  companies. 

1 3.  The  said  corporation  shall  elect  a board  of 

2 directors  for  the  management  of  the  affairs  of 

3 the  said  road,  and  make  such  by-laws  and 

4 regulations  as  may  be  necessary  for  the  govern- 

5 ment  of  the  same. 

1 4.  The  said  corporation  may  erect  a gate  on 

2 said  road,  above  the  ferry,  known  as  the  Mar- 

3 tinsville  ferry,  and  may  charge  and  collect  tolls 

4 thereon  allowed  by  law,  and  said  tolls  shall  be 

5 applied  first  to  keeping  the  road  in  good  repair 

6 before  any  dividend  shall  be  made  to  the  stock- 

7 holders. 


Senate  Bill  HSTo.  12. 

A BILL  to  authorize  the  Judge  of  the  Ninth  Judi- 
cial  Circuit  of  West  Virginia  to  till  official  va- 
cancies in  his  Circuit. 

1 Whereas,  In  the  five  counties  comprising  the 

2 Ninth  Judicial  Circuit  of  West  Virginia,  to-wit: 

■ 3 the  counties  of  Pocahontas,  Greenbrier,  Mon- 

4 roe,  Mercer  and  McDowell,  in  consequence  of 

5 rebel  opposition  and  resistance  to  the  law,  the 

6 organization  of  the  government  and  the  estab- 

7 lishment  of  civil  law  have  been,  and  are  still 

8 greatly  obstructed  and  retarded,  to  the  preju- 

9 dice  of  public  justice,  and  the  inconvenience  of 
10  the  people  generally. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  That  it  shall  be  lawful  for  the  judge  of 

2 the  said  circuit,  by  appointment  under  his  hand 
8 and  seal,  to  fill  any  and  all  vacancies  now  ex- 

4 isting,  or  which  may  hereafter  occur,  in  any  of 

5 the  offices,  whether  county  or  township,  (with 


9 


6 the  exception  of  members  of  the  Senate  and 

7 House  of  Delegates,)  in  the  said  counties  of 

8 Pocahontas,  Greenbrier,  Mercer  and  McDowell, 

9 or  any  thereof ; and  the  officers  so  appointed 

10  by  the  said,  judge,  being  otherwise  legally  quali- 

11  fied,  shall  continue  in  office,  (unless  sooner 

12  removed  therefrom,)  until  their  successors  are 

13  duly  elected  and  qualified  according  to  law. 


Senate  Bill  !N"o.  18. 

A BILL  for  the  relief  of  James  A.  Ewing. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 The  Board  of  Supervisors  of  Wood  county 

2 are  hereby  required  to  pay  to  James  A.  Ewing, 

3 out  of  the  school  fund,  by  order  on  the  treas- 

4 urer  thereof,  such  allowance  as  justice  may  re- 

5 quire,  for  services  rendered  as  county  superin- 

6 tendent  of  free  schools  for  said  county. 


' " 

. ' , ; T 1. , •;  \V' * v 

* 

i 

■ 

■ 

, . . ' ' ' ,V  ! ' ! \ [>  < 

/- 


Senate  Bill  No.  14. 

A BILL  to  provide  for  the  recovery  of  specific  personal  property. 
Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  That  a suit  may  be  instituted  in  any  circuit  court  of  this 

2 State,  or  before  any  justice  of  the  peace  thereof,  for  the  re* 

3 covery  of  specific  personal  property,  as  follows  : The  party, 

4 his  agents  or  attorney,  desiring  to  commence  an  action  for  the 

5 recovery  of  specific  personal  property,  shall  file  with  the  clerk 

6 of  the  circuit  court,  or  if  the  proceedings  are  before  a justice 

7 of  the  peace,  with  such  justice,  a declaration  or  statement  in 

8 writing,  describing  with  reasonable  certainty  the  property  in 

9 controversy,  stating  its  value,  setting  forth  that  the  right  of 

10  property,  or  some  interest  therein  superior  to  that  of  the  defen- 

11  dants  in  the  plaintiff;  that  he  is  entitled  to  immediate  posses- 

12  sion  of  the  same ; that  the  defendant  wrongfully  detains  such 

13  property,  and  also  the  probable  amount  of  damages  to  the 

14  plaintiff  for  such  detention.  * 

1 2.  The  clerk  of  the  court,  or  justice,  shall  thereupon  endorse 

2 upon  such  declaration  or  statement  in  writing,  a summons 

3 requiring  the  defendent  to  appear  and  answer  the  plaintiffs 


9 


4 action  as  in  other  summons  commencing  suits  in  a circuit  court, 

5 or  before  a justice  of  the  peace. 

1 3.  Such  declaration  or  statement  in  writing  with  the  sum- 

2 mons  aforesaid  endorsed  thereon,  shall  be  served  by  the  sheriff, 

3 if  in  the  circuit  court,  if  before  a justice  or  a constable,  by 

4 delivering  a copy  thereof  to  such  defendant,  and  making  his 

5 return  on  the  declaration  as  in  the  case  of  other  summonses. 

1 4.  The  plaintiff,  his  agent  or  attorney,  at  the  time  of  com- 

2 mencing  such  suit,  or  at  any  time  thereafter  before  trial,  may 

3 have  immediate  possession  of  such  specific  personal  property 

4 upon  condition  as  follows : 

1 5.  The  plaintiff,  his  agent  or  attorney,  shall  file  an  affidavit 

2 with  the  clerk  or  justice,  showing,  1st.  A description  of  the 

3 property  claimed ; 2d,  that  the  plaintiff  is  the  owner  of  the 

4 property,  or  has  some  specific  ownership  or  interest  therein 

5 superior  to  that  of  the  defendant  ; and  that  he  is  entitled  to 

6 the  immediate  possession  of  the  property ; 3,  that  the  property 

7 is  wrongfully  detained  by  the  defendant  ; 4th,  that  it  was  not 

8 taken  in  execution  on  any  order  or  judgment  against  said 

9 plaintiff,  or  for  the  payment  of  any  tax,  fine  or  assessment 
10  assessed  against-  him  or  by  virtue  of  an  order  of  delivery  herein- 


11  after  provided  in  this  act,  or  any  other  measure  or  final  process 

12  issued  against  the  plaintiff. 

1 6.  The  plaintiff  shall  also  at  the  time  of  filing  such  affidavit, 

2 give  bond  with  security  approved  by  the  clerk  or  justice,  in  a 

3 penalty  of  at  least  double  the  value  of  the  property  claimed, 

4 but  in  a sum  never  less  than  fifty  dollars,  with  condition  to  pay 

5 all  costs  and  damages,  which  may  be  awarded  against  him,  or 

6 sustained  by  any  person  by  reason  of  such  suit,  and  to  have 

7 such  property  forthcoming  to  answer  any  judgment  decree  or 

8 order  of  the  court  respecting  the  same;  provided  that  the 

9 defendent  may  still  retain  such  property  in  his  possession,  if 

10  within  forty-eight  hours  after  the  officer’s  levy  thereon,  by 

11  virtue  of  the  order  hereinafter  mentioned,  he  execute  and  file 

12  a bond  with  sureties  approved  by  the  clerk  or  justice,  payable 

13  to  the  plaintiff’  in  at  least  double  the  value  of  the 

14  property  set  forth  in  the  plaintiff’s  declaration  or  statement, 

16  conditioned  to  have  the  property  forthcoming  at  such  time,  and 

17  place  as  the  court  or  justice  may  require,  or  to  perform  the 

18  judgment,  decree  or  order  of  the  court,  or  justice  in  such  suit. 

19  Upon  the  filing  of  the  bond  and  affidavit  by  the  plaintiff,  the 

20  clerk  or  justice  shall  make  an  order  directing  the  sheriff  or 


4 


21  constable  of  the  county  or  corporation,  to  deliver  him  the 

22  property  described  in  his  declaration  or  statement  in  writing. 

1 T.  Such  order  shall  be  executed  by  the  said  officer  by  taking 

f 

2 possession  of  the  property  specified  in  the  declaration  or  state- 

3 ment,  and  keeping  the  same  in  his  custody  for  forty-eight  hours ; 

4 when  if  the  defendant  have  filed  his  bond  as  hereinbefore 

5 mentioned  the  officer  shall  redeliver  to  him  the  property  so 

6 verified,  but  if  the  defendant  have  not  filed  said  bond,  the 

7 property  shall  be  delivered  to  the  plaintiff. 

1 8.  The  sheriff  or  other  officer  in  executing  such  order,  may 

2 break  open  any  house,  stable,  out-house  or  other  building,  or 

3 recepacle  in  which  such  property  is  concealed  or  kept  in,  or 

4 to  seize  the  same,  having  first  made  demand  of  said  property 

5 and  of  entrance  into  the  same.  Either  plaintiff  or  defendant 

6 to  such  suit  may  be  reasonable  to  the  other,  move  the  court, 

7 or  the  judge  thereof  in  vacation,  or  the  justice  before  whom 

8 such  suit  is  instituted,  for  an  order  to  repossess  such  property, 

9 on  account  of  the  insufficiency;  and  the  court,  or  judge  thereof 

10  in  vacation,  or  justice  may  make  such  order  in  the  case  as  may 

11  be  just  and  equitable  to  all  parties  interested  therein. 


1 9.  All  trials  by  virtue  of  this  act,  for  the  recovery  of  speci- 

2 fic  personal  property,  shall  be  constructed  and  determined 

3 according  to  the  laws  of  this  State  not  inconsistent  with  the 

4 provisions  of  this  act,  and  verdicts  rendered  therein,  according 

5 to  the  very  right  and  equity  of  the  case,  and  judgment  shall 

6 be  entered  against  the  party  cast,  and  if  he  have  given  bond, 

7 such  judgment  shall  also  be  entered  against  the  security,  and 

/ 

8 shall  thereafter  have  the  same  force  and  effect  against  such 

9 parties  as  judgments  in  other  cases. 

1 10.  On  judgment  in  suits  for  the  recovery  of  specific  per- 

2 sonal  property  under  this  act,  a writ  or  order  of  possession 

3 may  issue  for  such  specific  personal  property  in  favor  of  the 

4 party  entitled  thereto  by  judgment ; and  a writ  of  fieri  facias 

5 may  also  issue  for  his  damages  and  costs,  or  on  every  such 

6 judgment,  at  the  option  of  the  party  entitled  thereto,  a writ  of 

7 fieri  facias  may  issue  for  the  alternative  value  of  such  proper- 

8 ty,  (instead  of  a writ  or  order  of  possession,)  and  damages  and 

9 costs ; provided,  that  in  every  case  where  a party  before  trial 

10  may  have  obtained  possession  of  the  property  in  controversy 

11  by  virtue  of  any  order  or  writ  hereinafter  mentioned,  on  judg- 


6 


12  ment  in  his  favor,  a writ  or  order  of  possession  only  may  issue, 

13  and  a writ  of  fieri  facias  for  his  damages  and  costs. 

1 11.  Every  writ  of  fieri  facias  issued  under  this  act  shall  be 

2 levied  upon  the  goods  and  chatties  of  the  party  cast,  and  if 

3 such  party  have  given  bond  as  hereinafter  provided,  the  fifa 

4 may  also,  at  the  option  of  the  party  in  whose  favor  the  execu- 

5 tion  is  issued,  be  levied  upon  the  goods  and  chatties  of  his 

6 surety  on  such  bond,  and  the  officer  shall  proceed,  as  at  law,  in 

7 the  case  of  executions,  to  make  the  money  required  out  of  the 

8 estate  of  the*  principal  first,  supplying  any  deficiency  out  of  the 

9 estate  of  the  surety. 

1 12.  In  no  case  shall  the  provisions  of  this  act  be  deemed  to 

2 authorize  the  commencement  of  suits  before  a justice  of  the 

3 peace,  where  the  property  in  controversy  is  of  more  than  one 

4 hundred  dollars  in  value,  and  in  cases  before  a justice  an  ap- 

5 peal  shall  be  to  the  circuit  court,  according  to  the  law  regula- 

6 ting  appeals  from  justices. 


' 


. 

. 

. 


Senate  Bill  ISTo.  15. 

A BILL  to  incorporate  the  Wayne  County  Coal  and  Iron  Rail- 
way Company. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  Richard  Decker,  Charles  H.  Reynolds,  George  W. 

2 Gasherie  of  the  city  of  New  York,  John  P.  Yerree  of  Philadel- 

3 phia,  Milton  Sheldon,  Z.  D.  Ramsdell,  Henry  A.  Baker, 

4 Lucien  Ayer,  Hamilton  Mills  of  Wayne  county,  West  Vir- 

5 ginia,  John  Bromley,  M.  J.  Ferguson,  George  W.  Gallup, 

6 of  Louisa,  Kentucky,  Thomas  S.  Jordan,  of  Greenup  county, 

7 Kentucky,  and  their  associates,  successors  and  assigns,  and  all 

8 who  shall  hereafter  become  stockholders,  whenever  five  thous- 

9 and  shares  of  the  capital  stock  as  hereinafter  provided,  shall 

10  have  been  subscribed ; are  hereby  created  and  made  a body 

11  politic  and  corporate  by  the  name  of  the  “Wayne  county  Coal 

12  and  Iron  Railway  Company,5’  and  by  that  name  shall  have 

13  perpetual  succession,  and  shall  be  in  law  and  equity  capable  of 

14  suing  and  being  sued,  pleading  and  being  impleaded  in  all 

15  courts  whotsoever ; and  also  of  contracting  and  being  contract- 

16  ed  with  in  all  matters  relative  to  the  objects  of  the  said 

17  corporation  ; and  may  have  a common  seal,  and  may  change 


2 


18  and  alter  the  same  at  pleasure,  and  shall  have  full  power  to 

19  make  rules  and  by-laws  for  the  regulation  and  management  of 

20  said  corporation,  not  inconsistent  with  the  laws  of  this  State, 

21  or  of  the  United  States. 

1 2.  The  capital  stock  of  said  company  ; shall  be  two  million 

2 dollars  in  shares  of  fifty  dollars  each  ; books  to  be  opened  by 

3 the  said  corporators  or  any  three  of  them,  to  receive  subscrip- 

4 tions  to  the  said  capital  stock,  within  one  year  after  the  passage 

5 of  this  act,  at  Ceredo,  West  Virginia,  New  York,  Philadelphia, 
7 or  any  other  places  they  may  designate. 

1 3.  The  business  of  said  company  shall  be  under  the  direction 

2 and  superintendence  of  a board  of  seven  directors,  to  be  elected 

3 annually  by  the  stockholders;  the  said  board  shall  at  their  first 

4 meeting  after  each  election  choose  one  of  their  number  as 

5 President  of  the  board,  and  such  other  officers  as  they  may 

6 deem  necessary  for  the  management  of  the  business  of  the 

7 company.  At  all  elections  for  officers,  or  otherwise,  each 

8 stockholder  shall  have  one  vote  for  every  share  ol  stock  held 

9 by  him,  and  in  case  of  a vacancy  in  the  board  of  directors  such 

10  vacancy  shall  be  filled  by  the  board  from  among  the  stock- 

11  holders. 

1 4.  The  said  company  by  its  president,  directors,  agents  and 

2 servants  shall  have  the  right  to  lay  out  build  and  construct  a 


3 

3 railway  with  a single  or  double  track,  with  all  necessary 

4 switches  and  turnouts  ; commencing  on  the  Ohio  river  at  or 

5 near  Ceredo  in  the  county  of  Wayne,  and  extending  by  the 

6 most  practicable  route  in  said  county  to  or  near  the  forks  of 

7 Twelve  Pole  river,  thence  up  the  valley  of  the  Left  Hand  fork 

8 of  the  said  Twelve  Pole  river  to  Cove  creek,  and  Fourteen  mile 

9 creek  to  the  Guyandotte  river,  with  full  power  to  construct 

10  such  lateral  branches  to  said  railway  as  they  may  deem  neces- 

11  sary,  and  with  full  power  to  construct  the  nec3ssary  bridges 

12  across  streams  wholly  within  this  State,  but  in  such  a manner 

13  as  not  to  obstruct  the  navigation  thereof.  And  said  railway 

14  and  its  branches  when  completed  shall  be  a public  highway,  for 

15  the  conveyance  of  passengers  and  the  transportation  of  freight 

16  of  every  description,  subject  to  the  provisions  of  chapters  56, 

17  57  and  61  of  the  code  of  Virginia,  second  edition. 

1 5-  The  said  company  are  authorized  to  borrow  money  not 

2 exceeding  one  million  five  hundred  thousand  dollars,  and  issue 

3 bonds  with  coupons  attached  bearing  interest  not  exceeding 

4 seven  per  centum  per  annum,  and  to  mortgage  any  part  or  all 

5 of  their  property  to  secure  the  payment  of  the  same. 

1 6.  The  said  company  are  authorized  and  empowered  to 

2 purchase  and  hold  in  fee  simple  or  any  less  right,  lands  not 

3 exceeding  one  hundred  thousand  acres,  and  to  sell,  lease, 


4 


4 mortgage  or  otherwise  dispose  of  the  same  at  their  pleasure, 

5 and  make  proper  conveyances  therefor. 

1 7.  For  the  purpose  of  laying  out  and  locating  their  railway 

2 and  its  branches  the  president  and  directors,  their  engineers 

3 and  employees,  are  authorized  to  enter  upon  and  pass  through 

4 and  over  any  lands  on  the  contemplated  route,  and  to  occupy 

5 the  same  as  long  as  they  may  deem  it  necessary  for  locating 

6 said  railway.  But  the  said  company  in  constructing  said  road, 

7 its  branches,  depots,  or  stations  shall  not  open  any  enclosure 

8 or  in  any  manner  injure  the  property  of  the  owner,  or  occupant 

9 thereof  without  his  consent,  or  invade  the  dwelling  house  or 

10  any  space  within  forty  feet  thereof  without  like  consent.  And 

11  where  the  line  of  said  road  has  been  located,  if  the  owners  of 

12  the  said  lands  and  the  officers,  and  agents  of  said  company 

13  cannot  agree  upon  the  value  of  the  lands  appropriated  by  said 

14  company,  for  the  location  of  said  railway,  its  depots,  ware 

15  houses,  and  stations,  the  said  company  may  have  and  hold  the 

16  said  lands  for  their  use  in  the  manner  following,  to  wit : The 

17  said  company  shall  make  out  a particular  description  in  writing 

18  of  the  lands  of  each  proprietor,  and  file  it  in  the  clerk’s  office 

19  of  the  circuit  court  of  the  county  in  which  the  lands  are  located, 

20  stating  therein  the  sum  they  propose  to  pay  therefor,  and  also 


5 


21  to  file  therewith  a bond  with  sureties  to  the  satisfaction  of  the 

22  judge  of  said  court  conditioned  to  payjall  that  may  be  recover- 

23  ed  against  them  as  hereinafter  provided,  and  thereupon  they 

24  may  enter  upon  and  take  possession  of  the  said  lands  and  at 

25  once  appropriate  the  same  for  the  purposes  designated  in  the 

26  said  description,  provided  however  that  the  lands  appropriated 
2T  for  the  track  of  said  road  shall  not  exceed  sixty  feet  in  width, 

28  except  in  case  of  cuts  or  fills  where  the  width  may  be  one 

29  hundred  and  forty  feet,  and  the  owner  of  said  land  or  his  agent 

30  may  file  with  the  said  clerk  his  claim  therefor,  in  which  shall 

31  be  stated  the  sum  demanded  for  said  land,  and  the  court  shall 

32  thereupon  appoint  five  disinterested  persons  any  three  of  whom 

33  may  act,  for  the  purpose  of  ascertaining  a just  compensation 

34  for  said  land.  After  said  appointment  is  made  the  sheriff  shall 

35  summon  the  said  viewers  to  meet  on  said  land  at  such  time  as 

36  he  may  appoint,  giving  at  least  ten  days  notice  to  the  parties 

37  interested.  The  viewers  shall  be  sworn  by  the  sheriff  that 

38  they  and  each  of  them  will  fairly  and  impartially  assess,  fix 

39  and  determine  the  amount  said  railway  company  shall  pay 

40  for  the  use  of  said  land,  if  any,  beyond  the  benefits  to  result  to 

41  said  owner  from  the  construction  of  said  railway;  they  shall 

42  make  their  assessment  and  report  in  writing  and  sign  the  same, 

43  the  said  report  shall  be  certified  by  the  sheriff,  and  shall 


6 


44  contain  a statement  of  the  facts  upon  which  it  is  founded,  and 

45  their  reasons  for  allowing  such  compensation,  and  on  the  first 

46  day  of  the  next  term  of  said  court  after  the  return  of  said 

47  report,  the  judge  of  the  said  court  shall  direct  judgment  to  be 

48  entered  upon  said  report  if  no  exceptions  be  taken  and  filed 

49  thereto  by  either  party,  but  if  exceptions  be  filed  the  court  shall 

50  decide  according  to  the  evidence  before  it,  and  after  judgment 

51  upon  said  report,  the  company  shall  hold  the  said  land  by  an 

52  absolute  and  indefeasible  title.  The  judge  shall  have  power 

53  to  determine  or  order  which  party  shall  pay  the  cost  of  such 

54  proceeding. 

1 8.  Any  stockholder  may  assign  and  transfer  his  stock  on 

2 the  books  of  the  company,  or  by  attorney  duly  authorized  so 

3 to  do,  and  the  assignee,  under  such  assignment  and  transfer, 

4 shall  thereby  become  liable  to  said  company  for  all  unpaid 

5 assessments  on  said  stock,  and  the  previous  stockholder  shall 

6 be  released  from  further  liability  therefor,  and  no  stockholder’s 

7 individual  property  shall  be  liable  for  the  debts  of  the  company. 

1 9.  This  act  shall  be  in  force  from  its  passage,  but  shall  ter- 

2 minate  and  be  void  if  the  said  company  be  not  organized  with- 

3 in  two  years,  and  in  good  faith  commence  operations  on  said 

4 railway  within  four  years,  and  finish  at  least  fifteen  miles  there- 

5 of  within  ten  years  from  the  date  of  the  passage  of  this  act. 


. 


. 


. 


4 


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i 


. 


■ 

Senate  Bill  ISTo.  16. 

A BILL  to  incorporate  the  Marshall  Institute  and 
Library  Association  of  Moundsville. 

Be  it  enacted  by  the  Legislature  of  West  Virginia: 

1 1.  That  William  Walker,  J.  W.  Gallaher, 

2 Hanson  Criswell,  N.  K.  Shattuck,  John  W.  Ney, 

3 John  Gilmor,  T.  B.  Hughes,  John  Bell,  John 

4 M.  Bell,  S.  T.  Armstrong,  W.  J.  Purdy,  John 

5 Lorain,  Wm.  Blake,  E.  W.  Woods  and  such 

6 other  persons  as  are  now,  or  may  hereafter  be- 

7 come  members,  shall  be  and  they  are  hereby 

8 created  and  made  a body  politic  and  corporate, 

9 by  the  name,  style  and  title  of  the  Marshall 

10  Institute  and  Library  Association  of  Mounds- 

11  ville,  and  by  that  name  shall  have  contined 

12  succession,  plead  and  be  impleaded,  defend  and 

13  be  defended  in  any  court  of  law  or  equity  in 

14  this  State  or  elsewhere,  and  to  make,  have  and 

15  use  a common  seal,  and  the  same  to  alter  or 

16  renew  at  their  pleasure. 

1 2.  That  the  said  Institute  and  Association 


2 

2 shall  have  power  to  elect  annually,  a president, 

3 vice-president,  secretary,  treasurer,  librarian 

4 and  execution  committee;  to  hold  meetings,  to 

5 establish  and  put  into  executive,  alter  or 

6 abolish  such  by-laws,  rules  and  regulations  as 

7 to  them  shall  seem  most  conducive  to  the  in- 

8 terests  of  the  institute  and  association ; Pro- 

9 vided,  the  same  be  not  contrary  to  the  laws  of 

10  the  State,  or  of  the  United  States ; to  purchase 

11  and  hold  a library,  and  to  purchase,  receive, 

12  hold  and  dispose  of  any  other  property,  real  or 

13  personal,  not  at  any  time  exceeding  in  amount 

14  fifty  thousand  dollars ; and  generally  to  do  any 

15  other  matter  or  thing  necessary  to  carry  into 

16  effect  the  objects  of  the  institute  and  associa- 

17  tion. 

1 3.  That  nothing  in  this  act  shall  be  so  constru- 

2 ed  as  to  authorize  the  said  corporation  to  issue 

3 any  note,  scrip,  device  or  other  evidence  of  debt 

4 to  be  used  as  a currency. 


Senate  Bill  ISto.  1 7 . 

A BILL  to  admit  testimony  of  interested  parties 
in  civil  actions. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  That  no  person  shall  he  disqualified  as  a 

2 witness,  in  any  civil  action  or  proceeding,  by 

3 reason  of  his  interest  in  the  event  of  the  same, 

4 as  a party  or  otherwise,  or  by  reason  of  his 

5 conviction  of  a crime;  but  such  interest  or 

6 conviction  may  be  shown  for  the  purpose  of  af- 

7 fecting  his  credibility. 

1 2.  No  party  to  a civil  action  shall  be  allow- 

2 ed  to  testify,  by  virtue  of  this  act,  in  any 

3 action  when  the  adverse  party  is  a guardian, 

4 executor  or  administrator,  except  in  the  follow- 

5 ing  cases,  viz.  1st,  In  action  with  an  executor 

6 administrator  or  guardian,  a party  may  testify 

7 to  facts  which  occurred  after  the  death  of  the 

8 decedent  or  parent;  2d,  In  actions  upon  con- 

9 tracts  by  deceased  persons,  through  agents, 

10  and  in  which  the  agent  shall  testify,  a party 

11  may  testify  to  all  that  transpired  between  him 

12  and  the  agent,  in  relation  to  such  contract  and 

13  the  making  thereof;  3d,  In  actions  with  an 

14  executor,  administrator  or  guardian  in  which 


15  the  claim  or  defense  is  founded  on  book  account, 

16  the  party  may  testify  to  his  book  account,  that 

17  the  same  is  a book  of  original  entries,  that  the 

18  entries  in  the  same  were  made  by  himself,  or 

19  by  a disinterested  person  non-resident  of  the 

20  county  at  the  time  of  trial. 

1 3.  That  it  shall  be  competent  for  any  court 

2 of  justice,  upon  the  trial  of  any  action  wherein 

3 any  claim  or  defense  is  founded  on  book  account, 

4 upon  proof  of  the  death  of  the  party  in  interest 

5 making  the  original  entries  in  such  book  of 

6 account,  and  that  the  entries  are  in  his  hand- 

7 writing;  to  admit  such  book  of  original  entries 

8 as  evidence ; and  if  the  original  entries  in  said 

9 book  of  accounts,  have  been  made  by  a disin- 

10  terested  person,  who  at  the  time  of  said  trial 

11  is  deceased,  or  a non-resident  of  the  county,  in 

12  proof  of  such  decease  or  non-residence  and  that 

13  the  said  entries  are  in  the  handwriting  of  such 

14  person,  it  shall  be  competent  to  admit  said 

15  book  of  original  entries  as  evidence,  the  right 

16  to  be  given  to  such  evidence  in  either  case 

17  however,  being  left  to  the  jury  or  court  to 

18  determine. 


Senate  [Bill  ISTo.  18. 

A BILL  to  amend  an  act  exempting  certain  prop- 
erty from  execution  or  other  process. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 That  section  first  of  chapter  29  of  the 

2 acts  of  the  second  session  of  the  legislature  of 

3 West  Virginia,  passed  March  1st,  1864;  be 

4 amended  and  re-enacted  to  read  as  follows : 

5 “1.  Any  husband  or  parent,  residing  in  this 

6 State,  may  set  apart  his  personal  estate  not 

7 exceeding  two  hundred  dollars  in  value,  to  be 

8 exempt  from  execution  or  other  process.  And 

9 any  property,  personal  or  real,  belonging  to  a 

10  married  woman  at  the  time  of  her  marriage,  or 

11  come  to  her  afterward,  by  deed,  gift,  convey- 

12  ance  or  otherwise,  or  by  the  result  of  her 

13  separate  earnings,  or  profits  arising  from  her 

14  property,  shall  not  be  liable  to  be  taken  on 

15  execution,  or  other  process  to  satisfy  the  debts 

16  of  her  husband. 


' 


. 

' 


, 


Senate  Bill  ISfo.  19. 

A BILL  for  the  relief  of  William  E.  Lyon. 

Be  it  enacted  by  the  Legislature  of  West  Virginia  : 

1 1.  It  shall  be  lawful  for  Wm.  E.  Lyon,  his 

2 heirs  and  assigns,  to  erect  and  continue  a mill 

3 dam  across  Ten  Mile  creek,  on  his  land  in  Har- 

4 rison  county,  at  or  near  where  a dam  was  erec- 

5 ted  by  Charles  Gains,  which  dam  was  erected 

6 by  the  authority  of  the  county  court  of  Harri- 

7 son  county,  under  its  order  made  on  the  9th 

8 day  of  September,  1852,  which  order  was  made 

9 upon  the  return  of  a jury  of  inquest  in  pursu- 
it) ance  of  a writ  of  ad  quod  damnum , sued  out  of 

11  the  clerk’s  office  of  said  court  at  the  instance 

12  of  said  Gains. 

1 2.  Nothing  in  this  act  shall  be  so  construed 

2 as  to  authorize  said  Lyon,  or  any  person  under 

3 him,  to  obstruct  the  navigation,  or  the  passage 

4 of  fish,  to  a greater  extent  than  the  same  was 

5 obstructed  by  the  former  dam  erected  by  said 

6 Gains. 


I 


- 


Senate  Bill  HSTo.  20. 

A BILL  to  protect  State  and  local  bounties  for 
Volunteers  in  the  service  of  the  United  States 
and  of  this  State,  against  attachment  and  levy 
for  Debt. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  No  bounty  heretofore  provided  by  this 

2 State,  or  any  county,  township  or  other  organi- 

3 zation  thereof,  for  soldiers  who  volunteered  in 

4 the  service  of  the  United  States,  or  of  this 

5 State,  nor  any  security  for  such  bounty  shall 

6 be,  in  any  way,  liable  to  attachment  or  other 

7 process  for  the  payment  of  any  debt,  claim  or 

8 contract  made  by,  or  arising  against  the  soldier 

9 for  whom  such  bounty  may  have  been  provided 
10  previous  to  his  enlistment. 


Senate  JBill  ]STo.  SO. 

A BILL  to  amend  the  Charter  of  the  West  Virgin- 
ia Central  Railway  Company. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  The  West  Virginia  Central  Railroad  Com- 

2 pany  shall  have  the  right  to  construct  and 

3 operate  a railroad  from  Charleston,  Kanawha 

4 county,  West  Virginia,  to  Covington,  or  the 

5 State  line  near  Covington,  on  the  route  survey - 

6 ed  by  the  Covington  and  Ohio  railroad  com- 

7 pany,  with  all  the  rights  and  privileges  incident 

8 thereto,  together  with  full  possession  of  all  the 

9 rights  of  every  name  and  nature  which  the  State 

10  of  West  Virginia  now  have  in  and  to  the  fran- 

11  chise  known  as  the  Covington  and  Ohio  rail 

12  road,  and  the  same  shall  be  conveyed  to  the 

13  said  West  Virginia  Central  Railway,  in  fee 

14  simple. 

1 1.  The  State  of  West  Virginia  shall  also  re- 

2 linquish  to  the  West  Virginia  Central  Railway 

3 Company  all  the  stock  of  the  West  Virginia 

4 Central  Railroad  which  the  State  now  holds ; 

5 and  all  laws  and  sections  of  laws  to  the  con- 

6 trary,  shall  be,  and  the  same  are  hereby  re- 

7 pealed. 


1 3.  The  above  and  foregoing  sections  1 and  2, 

2 are  upon  the  condition  that  the  West  Virginia 

3 Central  Railway  Company,  or  such  other  com- 

4 pany  as  they  shall  consolidate  with,  shall  build 

5 and  fully  equip  a first  class  railroad  from  Cov- 

6 ington  to  the  Ohio  river,  work  on  which  shall 

7 be  commenced  within  sixty  days  after  the  pas- 

8 sage  of  this  act,  and  vigorously  prosecuted  un- 

9 til  completed,  within  the  space  of  five  years 
10  from  January  1st,  1866. 

1 4.  The  West  Virginia  Central  Railway  Com- 

2 pany  shall  have  power  to  consolidate  with  any 

3 line  of  railroad  chartered  by  the  State  of  Vir- 

4 ginia,  which  shall  be  organized  under  terms,  to 

5 possess  all  the  franchises  of  the  Covington  and 

6 Ohio  Railroad  in  the  State  of  Virginia,  to  com- 

7 plete  the  entire  road  to  the  Ohio  river. 


Senate  Bill  ISTo.  31. 

A BILL  to  incorporate  the  Town  of  Ceredo,  in  the  County  of 

Wayne. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  The  corporate  limits  and  boundaries  of  the  town  of  Ceredo, 

2 Wayne  county,  West  Virginia,  shall  be  as  follows:  Beginning 

3 at  the  mouth  of  Twelve  Pole  creek,  thence  up  said  creek  eighty 

4 rods,  south  of  the  “old  military  line,”  thence  due  west  three 

5 hundred  rods,  thence  north  to  the  Ohio  river,  at  the  “old  Mor- 

6 gan  Mill,”  thence  up  the  Ohio  river  to  the  place  of  beginning. 

1 2.  The  municipal  authorities  of  said  town  shall  be  a mayor,  a 

2 recorder  and  five  councilmen,  who,  together,  shall  form  a com- 

3 mon  council. 

1 3.  The  mayor,  recorder  and  councilmen,  so  soon  as  they  have 

2 been  elected  and  qualified,  as  hereinafter  provided,  shall  be  a 

3 body  politic  and  corporate,  by  the  name  of  “ The  Town  of  Cere- 

4 do;”  and  shall  have  perpetual  succession,  and  a common  seal; 

5 and  by  that  name  may  sue  and  be  sued,  implead  and  be  im- 

6 pleaded  ; may  purchase  and  hold  real  estate  necessary  to  enable 

7 them  the  better  to  discharge  their  duties,  and  needful  for  the 

8 good  order,  government  and  welfare  of  said  town. 

1 4.  All  the  corporate  powers  of  said  corporation  shall  be  exer- 

2 cised  by  said  council,  or  under  their  authority,  except  where 

3 otherwise  provided. 

1 5.  There  shall  be  a town  sergeant,  a treasurer  and  commis- 

2 sioner  of  the  revenue  appointed  by  the  council,  to  continue  in 

3 office  at  its  pleasure,  and  perform  the  duties  respectively  as 

4 hereinafter  prescribed,  or  as  may  be  required  by  the  council. 


2 

1 6.  The  duties  of  the  office  of  recorder,  treasurer  and  commis- 

2 sioner  of  the  revenue  may  be  discharged  by  the  same  person,  or 

3 otherwise,  as  the  council  may  from  time  to  time  determine. 

1 7.  The  mayor,  recorder  and  councilmen  shall  be  elected  by 

2 the  citizens  of  the  said  town  who  may  be  entitled  to  vote  under 

3 this  act,  and  (except  when  elected  to  till  vacancies)  for  the  term 

4 of  one  year,  and  until  their  successors  shall  have  been  qualified, 

5 and  shall  be  freeholders  and  residents  of  said  town,  and  entitled 

6 to  vote  for  members  of  the  common  council. 

1 8.  The  first  election  under  this  act  shall  be  held  on  third 

2 Saturday  in  March,  eighteen  hundred  and  sixty-six,  at  the  Cere- 

3 do  House  in  said  town,  under  the  supervision  of  a justice  of 

4 Ceredo  township  ; and  annually  thereafter  there  shall  be  an 

5 election  on  the  same  day  in  each  year,  at  such  place  and  under 

6 such  supervisions,  rules  and  regulations  as  the  council  of  said 

7 town  may  prescribe.  The  person  conducting  the  first  election, 

8 shall  grant  certificates  to  the  persons  elected,  which  shall  be  en- 

9 tered  upon  the  records  with  ordinances  of  said  council,  and  their 

10  term  of  office  shall  commence  on  the  first  day  of  April  next 

11  after  election. 

1 9.  All  persons  residents  of  said  town,  and  entitled  to  vote  for 

2 county  and  townships  officers,  shall  be  entitled  to  vote  for  may- 

3 or,  recorder  and  coucilmen. 

1 10.  When  a vacancy  shall  occur  from  any  cause  in  the  office 

2 of  mayor,  recorder,  or  in  the  council,  the  vacancy  shall  be  filled 

3 by  appointment  by  the  council. 

1 11.  At  all  elections  the  ?ote  shall  be  by  ballot,  and  when  two 

2 or  more  persons  for  the  same  office,  at  any  election,  shall  receive 

3 an  equal  number  of  votes,  the  person  or  persons  conducting  such 


* 


3 

4 an  election  shall  decide  which  of  the  said  persons  shall  be  re- 

5 turned  elected.  And  all  contested  elections  shall  be  heard  and 

6 determined  by  the  council  for  the  time  being. 

1 12.  The  mayor,  recorder,  councilmen,  sergeant,  treasurer  and 

2 commissioner  of  the  revenue,  shall  each,  before  entering  upon 

3 the  duties  of  his  office,  and  within  ten  days  after  being  furnished 

4 with  a certificate  of  his  election,  take  and  subscribe  the  oath  of 

5 loyalty  prescribed  for  county  and  township  officers,  and  that 

6 they  will  truly,  faithfully  and  impartially  discharge  the  du- 

7 ties  of  their  said  offices,  respectively,  to  the  best  of  their  abili- 

8 ties  so  long  as  they  continue  therein.  The  recorder  shall  take 

9 such  oath  or  affirmation  before  a justice  or  other  officer  author- 

10  ized  to  administer  oaths,  and  thereupon  he  shall  administer  the 

11  oaths  aforesaid  to  the  other  officers  and  councilmen.  Certifi- 

12  cates  of  the  said  oaths  or  affirmations  shall  be  recorded  in  the 

13  journal  of  the  proceedings  of  the  council. 

1 13.  When  any  four  of  the  newly  elected  councilmen  shall 

2 have  been  so  qualified,  they  shall  enter  upon  the  duties  of  their 

3 said  offices  and  supersede  the  former  councilmen. 

1 14.  If  any  one  elected  mayor,  recorder  or  councilman  shall 

2 not  have  been  eligible,  or  shall  fail  or  refuse  to  take  the  oath  or 

3 affirmation  required  under  this  act  within  the  ten  days  afore- 

4 said,  such  office  shall  be  declared  vacant,  and  the  vacancy  filled 
'5  as  hereinbefore  prescribed,  but  in  all  cases  from  among  the  citi- 

6 zens  of  Jffie  town  eligible  to  such  office  or  position  under  this 

7 act. 

1 15.  The  council  shall  be  presided,  over  at  its  meetings  by  the 

2 mayor,  or,  in  his  absence,  by  one  of  the  councilmen  selected  by 

3 a majority  of  the  council  present,  and  a majority  of  the  council 

4 shall  be  necessary  to  constitute  a quorum  to  do  business. 

1 16.  The  council  shall  cause  to  be  kept  in  a journal,  an  accu- 

2 rate  record  of  all  its  proceedings,  by-laws,  acts  and  orders, 


4 

3 which  shall  . be  fully  indexed  and  open  to  the  inspection  of 

4 the  voters  in  the  town. 

1 17.  The  proceedings  of  last  meeting  shall  be  read  to  the 

2 council,  corrected  when  necessary,  and  signed  by  the  person 

3 presiding  for  the  time  being.  Upon  the  call  of  any  member, 

4 the  ayes  and  noes  on  any  question  shall  be  called  and  recorded 

5 in  the  journal.  The  mayor,  though  voting  as  a member  of  the 

6 council  in  cases  of  a tie,  shall  have  the  casting  vote. 

1 18.  The  council  so  constituted  shall  have  power  within  said 

2 town  to  lay  off,  open,  curb  and  pave  streets,  alleys,  walks  and 

3 gutters,  for  the  public  use,  and  to  alter,  improve  and  light  the 

4 same,  and  have  them  kept  in  order  and  free  from  obstructions 

5 on  or  over  them;  to  regulate  the  width  of  the  sidewalks  and 

6 streets,  and  to.  order  the  sidewalks,  footways  and  gutters  to  be 

7 curbed,  paved  and  kept  in  good  order,  free  and  clean,  by  the 

8 owners  or  occupants  of  the  adjacent  property;  to  lay  off  public 

» 

9 grounds,  and  provide,  contract  for  and  take  care  of  public 

10  buildings  proper  to  the  town  ; to  prevent  injury  or  annoyance 

11  to  the  public  or  individuals  from  anything  dangerous,  offensive 

12  or  unwholesome;  to  abate  or  cause  to  be  abated,  anything 

13  which,  in  the  opinion  of  a majority  of  the  whole  council,  shall 

14  be  a nuisance  ; to  regulate  the  keeping  of  gunpowder  and  other 

15  combustibles;  to  provide  for  the  burial  of  the  dead;  and  for 

16  this  purpose  may  purchase  and  hold  the  necessary  land  for  a 

17  cemetery,  near  or  convenient  to  said  town,  and  provide  for  its 

18  improvement  and  security ; to  provide  for  the  regular  building 

19  of  houses  and  other  structures  in  or  for  said  town  ; for  the 

20  making  of  division  fences,  and  to  provide  for  shade  and  orna- 

21  mental  trees,  and  against  danger  or  damage  from  fires  or  conta- 

22  gious  diseases  ; to  provide  a revenue  for  the  town,  and  appro- 

23  priate  the  same,  and  to  provide  the  annual  assessment  of  taxa- 

24  ble  persons  and  property  of  the  town  ; to  adopt  rules  for  the 


25  transaction  of  business  and  the  government  and  regulation  of  its 

26  own  body  ; to  promote  the  general  welfare  of  the  town,  and 

27  protect  the  property  and  preserve  peace  and  good  order 

28  therein ; to  keep  a town  guard ; to  appoint  and  order  out  a 

29  patrol  for  the  town  when  deemed  necessary;  to  appoint  such 

30  officers  as  they  may  deem  proper,  including  a sergeant,  commis- 

31  sioner  of  the  revenue,  and  treasurer;  to  define  their  powers, 

32  prescribe  their  duties,  fix  their  term  of  service  and  compensa- 

33  tion,  require  and  take  from  them  bonds,  with  such  sureties  and 

34  in  such  penalties  as  the  council  may  determine,  conditioned  for 

35  the  true  and  faithful  discharge  of  their  duties,  and  remove 

36  them  at  pleasure,  (all  bonds  to  be  made  payable  to  the  town  by 

37  its  corporate  name ;)  to  erect,  or  authorize,  or  prohibit  the 

38  erection,  of  gas  works  or  water  works  in  or  near  the  town  ; to 

39  prevent  injuries  to  or  pollution  of  the  same,  for  all  of  which 

40  purposes  named  in  this  clause,  except  that  of  taxation,  the 

41  council  shall  have  jurisdiction  for  one  mile  beyond  the  borough  ; 

42  to  regulate  and  provide  for  weighing  and  measuring  of  hay, 

43  coal  and  other  articles  sold  or  for  sale  in  said  town,  and  to  reg- 

44  ulate  the  transportation  thereof  through  the  streets,  and  gen- 

45  erally  do  such  things  as  the  council  shall  deem  necessary  for 

46  the  interests,  prosperity,  peace  and  good  order  of  the  citizens 

47  of  said  town. 

1 19.  To  carry  into  effect  these  enumerated  powers,  and  all 

2 others  conferred  upon  the  said  town  or  its  council,  expressly  or 

3 by  implication,  in  this  or  any  other  acts  of  the  legislature,  the 

4 council  shall  have  power  to  adopt  and  enforce  all  needful 

5 orders,  by-laws  and  ordinances  not  contrary  to  the  constitution 

6 and  laws  of  this  state,  and  to  prescribe,  impose  and  enforce 

7 reasonable  fines  and  penalties,  including  imprisonment  for  a 

8 term  not  exceeding  thirty  days,  under  the  judgment  and  order 

9 of  the  mayor  of  the  said  town,  or  the  person  lawfully  exer- 


6 


10  cising  his  functions.  The  council,  with  the  consent  of  the 

11  supervisors  of  Wayne  county,  entered- of  record,  may  have  the 

12  right  to  use  the  jail  of  said  county  for  any  purpose  necessary  in 

13  the  administration  of  its  affairs; 

1 20.  The  annual  levy  ordered  by  the  council  mav  be  upon  all 

2 male  persons  within  said  town,  over  eighteen  years  of  age, 

3 dogs,  hogs  and  other  animals,  and  on  all  real  estate  within  said 

4 town  which  is  not  exempt  from  state  taxation,  and  all  such 

5 other  subjects  in  said  town  as  may  at  the  time  be  assessed  with 

6 state  taxes,  provided  the  tax  do  not  exceed  one  dollar  on  every 
• 7 hundred  dollars  of  value  of  unimproved  lots,  and  seventy-five 

8 cents  on  every  one  hundred  dollars  of  the  value  of  real  and 

9 personal  property,  or  two  dollars  per  head  on  each  taxable 
10  person. 

1 21.  When  anything  for  which  a state  license  is  required  is  to 

2 be  done  within  the  said  town,  the  council  may  require  a town 

3 license  to  be  had  for  doing  the  same,  and  may  impose  a tax 

4 thereon  for  the  use  of  the  town,  and  the  council  may  in  any 

5 case  require  from  the  person  so  licensed  a bond,  with  sureties, 

6 in  such  penalties  and  with  such  conditions  as  it  may  determine. 

1 22.  The  sergeant  shall  collect  the  town  taxes,  fines,  levies  and 

2 licenses,  and  after  thirty  days  from  the  time  he  may  receive  the 

3 books  of  the  commissioner  of  revenue  of  said  town,  may  dis- 

4 train  and  sell  therefor,  in  like  manner  as  a sheriff  may  for  state 

5 taxes,  and  shall  in  all  respects  have  the  same  powers  as  a 

6 sheriff  to  enforce  the  payment  and  collection  thereof,  and  shall, 

7 within  the  corporate  limits  of  the  town,  exercise  all  the  duties 

8 that  a constable  can  legally  exercise  in  regard  to  the  collection 

9 of  claims,  executing  and  levying  process,  and  shall  be  entitled 

10  to  the  same  compensation  therefor;  and  he  and  his  securities 

11  shall  be  liable  to  all  the  fines,  penalties  and  forfeitures  that  a 

12  constable  is  legally  liable  to  for  any  failure  or  dereliction  in 


7 

13  said  office,  to  be  recovered  in  the  same  manner,  and  before  the 

14  same  tribunals  that  the  same  are  now  recovered  against  con- 

15  stables. 

1 23.  There  shall  be  lien  on  real  estate  for  the  town  taxes  as- 

2 sessed  thereon,  from  the  commencement  of  the  year  for  which 

3 they  are  assessed,  and  the  council  may  order  and  require  the 

4 same  to  be  sold  or  rented,  by  the  sergeant,  at  public  auction, 

5 for  the  arrears,  with  interest  thereon,  with  such  per  centum  as 

6 the  council  may  prescribe  for  charges  and  expenses  thereof. 

7 And  may  regulate  the  terms  upon,  and  time  within,  which  the 

8 same  may  be  redeemed.  No  such  sale  or  renting  shall  be  or- 

9 dered  until  such  realty  shall  be  returned  delinquent,  and  the 

10  sale  shall  be  after  thirty  days'  notice,  posted  at  the  hotel  and 

11  post-office  in  said  town. 

1 24.  The  council  may  prohibit  any  theatrical  or  other  per- 

2 formance,  show  or  exhibition,  it  may  deem  injurious  to  the 

3 morals  or  good  order  of  the  town. 

1 25.  The  mayor  shall  be  the  chief  executive  officer  of  the  town, 

2 shall  take  care  that  the  by-laws,  ordinances  and  orders  of  the 

3 council  are  faithfully  executed  ; shall  be  ex-officio  a conservator 

4 and  justice  of  the  peace  in  the  town,  and  shall,  within  the  same 

5 exercise  all  the  powers  and  duties  vested  in  justices;  shall  con- 

6 trol  the  police  of  the  town,  and  may  appoint  special  police 

7 officers;  shall  see  that  peace  and  good  order  are  preserved,  and 

8 that  the  persons  and  property  are  protected  in  the  town  ; shall 

9 have  power  to  issue  executions  for  all  fines  and  costs  imposed  . 

10  by  him,  or  may  require  the  immediate  payment  of  them,  and 

11  in  default  of  such  payment,  may  commit  the  party  in  default  to 

12  jail  until  the  fine  and  costs  be  paid,  but  the  term  of  imprison- 

13  ment  in  such  cases  shall  not  exceed  thirty  days.  He  shall  from 

14  time  to  time  recommend  to  the  council,  such  measures  as  he 

15  may  deem  needful  for  the  welfare  of  the  town,  and  shall  receive 


8 


16  a compensation  for  his  services  fixed  by  the  council,  which  shall 

17  not  be  increased  or  diminished  for  the  term  for  which  he  is 

18  elected. 

1 26.  The  recorder  shall  keep  a journal  of  the  proceedings  of 

2 the  council,  and  have  charge  of  and  preserve  the  records  of  the 

3 town,  and  shall  receive  a compensation  for  his  services  to  be 

4 fixed  by  the  council,  which  shall  not  be  increased  or  diminished 

5 for  the  term  for  which  he  was  elected. 

1 27.  All  money  belonging  to  said  town,  shall  be  paid  over  to 

2 the  treasurer,  who  shall  pay  the  same  out  on  the  order  of  the 

3 mayor,  countersigned  by  the  recorder,  and  not  otherwise,  and 

4 for  any  default,  or  liability  upon  the  part  of  the  treasurer  or 

5 sergeant,  the  council,  in  the  corporate  name  of  said  town,  may, 

6 on  motion,  after  ten  days’  notice,  obtain  judgment  before  the 

7 circuit  court  of  said  county,  on  account  therefor,  against  them 

8 and  their  securities  respectively,  or  any  or  either  of  them,  or 

9 their  heirs  or  legal  representatives. 

1 28.  The  said  town,  and  taxable  persons  and  property  therein, 

2 shall  be  exempt  from  all  expense  or  liability  for  the  construc- 

3 tion  or  repair  of  roads  or  bridges  outside  the  corporate  limits  of 

4 said  town. 


Senate  Bill  ]STo.  22. 

A BILL  to  protect  public  school  houses. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  It  shall  be  lawful,  and  it  is  hereby  made 

2 the  duty  of  the  board  of  education,  in  each  and 

3 every  township  in  this  State,  to  appoint  three 

4 discreet  persons  trustees  of  the  school  house 

5 within  their  respective  sub-districts,  whose 

6 duty  it  shall  be  in  the  adsence  of  the  members 

7 of  the  board  of  education  to  take  care  and 

8 genera]  supervision  of  the  grounds,  buildings 

9 and  furniture  belonging  to  the  same;  and  on 

10  the  just  representations  of  any  person  interest- 

11  ed  in  said  property,  the  aforesaid  trustees  shall 

12  be  empowered  to  bring  suit  in  the  name  of  the 

13  board  of  education  before  any  magistrate  of 

14  their  township,  against  any  person  or  persons 

15  for  using  said  grounds,  buildings  and  furniture 

16  for  any  purpose  other  than  township  meetings 

17  and  educational  purposes. 

1 2.  On  the  conviction  of  any  person  or  persons 

2 before  a justice  of  the  peace  for  committing  any 

3 of  said  offences,  the  said  justice  shall  impose  a 

4 fine  of  not  less  than  five,  nor  more  than  fifty 

5 dollars  for  every  such  misdemeanor,  recoverable 

6 with  costs  of  suit  by  warrant,  as  other  debts 

7 are  collected. 


Senate  Bill  No.  23. 

A BILL  concerning  Brooke  Academy. 

Be  it  enacted  by  the  Legislature  of  West  Virginia  : 

1 1.  That  the  trustees  of  Brooke  Academy  are 

2 hereby  authorized  to  transfer  and  pay  to  the 

3 treasurer  of  Wellsburg  township  in  the  county 

4 of  Brooke,  all  money,  claims  and  other  property 

5 belonging  to  the  said  trustees,  and  held  by 

6 them  for  the  use  of  said  Brooke  Academy,  and 

7 the  said  treasurer  of  Wellsburg  township  is 

8 hereby  authorized  and  directed  to  receive  and 

9 collect  from  the  said  trustees  all  such  money 

10  and  property  as  aforesaid,  and  place  the  same 

11  to  the  credit  of  the  building  fund  of  the  Union 

12  school  of  said  township,  and  to  pay  out  the 

13  same  as  other  monies  belonging  to  the  said 

14  building  fund. 

1 2.  Before  the  said  treasurer  is  authorized  to 

2 receive  and  collect  the  money  and  property  as 

3 aforesaid,  in  the  foregoing  section,  he  shall 

4 make  and  execute  a sufficient  bond  as  now 

5 directed  by  law,  to  be  approved  by  the  board 

6 of  education  of  said  township. 


' 


■ 

■ : 


. 

Senate  Bill  ITSTo.  34. 

A BILL  to  incorporate  the  Elk  River  Navigation  Company. 

Be  it  enacted  by  the  Legislature  of  W est  Virginia : 

1 1.  That  it  shall  be  lawful  to  open  hooks  at  Charleston,  in 

2 the  county  of  Kanawha,  under  the  direction  of  Daniel  Polsley, 

3 John  D.  Young,  John  H.  Goshorn,  James  H.  Brown  and  F. 

4 A.  Lovell,  or  any  one  or  more  of  them  ; at  Clendennen,  in  said 

5 county,  under  the  direction  of  Ralph  Smith,  George  Osborne, 

6 E.  B.  Chilton  and  John  W.  Cortees,  or  any  one  or  more  of  them; 

7 at , in  the  county  of  Clay,  under  the  direction  of  Felix 

8 Baxter,  Ellis  Hyre  and  Samuel  Fox,  or  any  one  or  more  of 

9 them ; at  Sutton,  in  the  county  ot  Braxton,  under  the  direc- 

10  tion  of  James  M.  Corley,  Anderson  Boggs,  Phillip  Duffey  and 

11  James  Given,  or  any  one  or  more  of  them,  and  at  such  other 

12  places  and  under  the  direction  of  such  other  persons  as  any 

13  one  or  more  of  the  persons  herein  named  may  appoint,  for 

14  receiving  subscriptions  to  the  amount  of  $100,000,  in  shares 

15  of  $50  each,  to  constitute  a joint  capital  stock  for  improving  the 

16  navigation  of  Elk  river,  from  its  mouth  to  Braxton  court  house. 

1 2.  The  said  books  shall  be  opened  and  the  subscriptions  be 

2 received  in  the  manner  provided  in  such  cases,  by  the  act  en- 


2 


3 titled  “An  Act  prescribing  certain  general  regulations  for  the 

4 incorporation  of  turnpike  companies.  And  all  the  provisions 

5 in  said  act  in  relation  to  the  keeping  open  the  books  of  sub- 

6 scription,  the  payment  of  subscriptions,  the  general  or  annual 

7 meetings  of  the  company,  the  ratio  of  votes  of  the  incorporation 

8 of  this  company,  the  transfer  of  stock,  the  election  and  re- 
1?  moval  of  the  president  and  directors,  and  their  powers  and 

10  duties  shall  be  held  and  made  to  apply  to  the  company  hereby 

11  incorporated,  as  if  they  were  specially  mentioned  therein. 

1 3.  As  soon  as  one-fourth  of  the  said  sum  of  $100,000  shall 

2 have  been  subscribed,  the  subscribers,  their  executors,  admin- 

3 istrators  and  assigns  shall  be,  and  are  hereby  incorporated  in- 

4 to  a company  by  the  name  and  style  of  the  Elk  River  Navi- 

5 gation  Company,  and  may  make  such  by-laws,  rules  and 

6 regulations  not  inconsistent  with  the  constitution  and  laws  of 

7 this  State  or  of  the  United  States,  as  they  may  deem  necessa- 

8 ry  and  advisable. 

1 4.  The  president  and  directors  of  said  company  herein  be- 

2 fore  conferred,  shall  exercise  the  powers  and  perform  the  duties 

3 prescribed  by  the  fifth  section  of  the  aforesaid  act.  And  all 

4 the  provisions  of  said  act,  for  the  acquisition  of  land  and  ma- 

5 terials,  for  the  purposes  of  turnpike  companies,  shall  be  equally 


3 


6 applicable  to  the  acquisition  of  land  by  the  company  not  ex- 

7 ceeding  five  acres  at  any  one  place,  for  the  abutment,  a dam, 

8 or  the  erection  of  toll  houses  and  other  fixtures,  and  of  such 

9 materials  as  may  be  necessary  for  the  purpose  of  the  company 
10  herein  incorporated. 

1 5.  That  when  damage  may  arise  to  the  land  on  Elk  river 

2 and  its  tributaries,  from  the  overflowing  of  the  waters  or  other- 

3 wise,  such  damage  being  occasioned  by  the  works  of  said  com- 

4 pany,  the  same  shall  be  assessed  and  paid  in  the  manner 

5 required  in  chapter  56  of  the  code  of  Virginia,  for  assessing 

6 and  condemning  lands,  and  the  amendment  thereto;  varying  the 

7 forms  of  the proceedings,  as  the  nature  of  the  case 

8 may  require. 

1 6.  That  the  company  may  demand  and  receive  at  such 

2 point,  or  points,  at  said  time  as  may  be  selected  by  the  presi- 

3 dent  and  directors  of  the  company,  in  general  meeting,  such 

4 tolls  as  may  be  in  their  opinion  reasonable ; Provided,  that 

5 the  rates  of  toll  shall  be  approved  by  the  board  of  public  works, 

6 and  may  be  regulated  from  time  to  time  by  said  board,  or  by 
I the  general  assembly  ; and  provided  also,  that  as  fast  as  said 

8 company  shall  complete  any  one  or  more  locks  and  dams,  they 

9 may  charge  such  tolls  at  such  locks  and  dams  as  shall  be  ap- 
10  proved  by  the  board  of  public  works. 


4 


1 7.  That  if  any  toll  gatherer  of  the  company  shall  ask  or  re- 

2 ceive  any  other  or  greater  tolls  than  are  authorized,  or  if  any 

3 person  shall  pass  any  place  where  tolls  are  collected  without 

4 payment  or  tender  of  the  legal  tolls  to  such  toll  gatherer,  the 

5 company,  and  the  person  evading  the  payment  in  tender  of 

6 the  tolls  aforesaid,  shall  be  liable  to  the  penalties  prescribed  in 

7 such  cases  by  the  general  law  regulating  turnpike  companies. 

1 8.  That  if  the  president  and  directors  of  said  company  shall 

2 not  commence  their  work  within  five  years  from  the  passage 

3 of  this  act,  and  complete  the  same  within  ten  years  thereafter, 

4 then  the  interest  of  said  company  in  the  navigation  and  tolls 

5 aforesaid  shall  be  forfeited  and  cease. 


4 


Senate  JL3111  ]lSTo.  35. 

A BILL  allowing  appeals  from  the  board  of  super- 
visors in  certain  cases. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  Any  applicant  for  relief  under  section  one 

2 hundred  of  the  act  entitled  “An  Act  to  provide 

3 for  the  assessment  of  taxes  passed  December 

4 3,  1863,”  or  under  section  second  of  the  act 

5 entitled  “An  Act  to  empower  the  assessor  to 

6 re-assess  certain  lands  in  Pleasants  county,” 

7 passed  March  2,  1864,  may  within  one  year 

8 from  the  date  of  any  order  of  the  board  of 

9 supervisors  heretofore  made  or  hereafter  to  be 

10  made,  denying  him  redress  in  whole  or  in  part, 

11  appeal  from  such  order  to  the  circuit  court  of 

12  the  county.  The  clerk  of  the  board  of  super- 

13  visors  shall,  within  ten  days  after  notice  to 

14  him  of  such  appeal,  file  with  the  clerk  of  the 

15  circuit  court  the  petition  and  such  other  origi- 


16  nal  papers  as  may  have  been  filed  with  said 

17  board,  in  said  case,  together  with  a certified 

18  copy  of  all  orders  of  the  said  board  relating 

19  thereto,  and  thereupon  the  clerk  of  the  circuit 

20  court  shall  docket  said  appeal. 

1 2.  Such  appeal  shall  be  defended  by  the 

2 prosecuting  attorney  for  the  county,  and  shall 

3 be  tiled  in  a summary  way  upon  such  evidence 

4 as  either  party  may  offer  without  pleading  in 

5 writing.  If  the  circuit  court  shall  reverse  the 

6 order  of  the  board  of  supervisors,  it  shall  there- 

7 upon  proceed  to  make  such  order  in  the  premi- 

8 ses  as  the  said  board  should  have  made,  and 

9 such  order  of  the  court  certified  by  the  clerk 

10  thereof  shall  have  the  like  force  and  effect  as 

11  is  provided  in  section  one  hundred  and  two 

12  and  section  one  hundred  and  three  of  said  act, 

13  passed  December  3,  1863.  No  costs  shall  be 

14  awarded  by  the  court  or  paid  by  the  State  about 

15  such  appeal  unless  the  court  in  its  discretion, 


3 

16  shall  give  judgment  for  costs  against  the  as- 

17  sessor  who  made  the  erroneous  assessment. 

1 3.  If  at  the  time  of  the  docketing  of  such 

2 appeal,  or  afterwards,  the  appellant  shall  file 

3 with  the  clerk  of  the  circuit  court  a bond  in 

4 double  the  amount  of  the  taxes  claimed  to  be 

5 erroneously  entered  or  assessed,  payable  to  the 

6 State  of  West  Yirginia,  conditioned  for  the 

7 payment  of  said  taxes  with  interest,  in  case 

8 said  appeal  should  be  finally  decided  against 

9 the  appellant,  the  said  clerk  shall  issue  an 

10  order  directed  to  the  sheriff  of  the  county  com- 

11  manding  him  to  suspend  the  collection  of  said 

12  taxes  during  the  pendency  of  such  appeal. 

1 4.  Either  party  may  appeal  from  the  deci- 

2 sion  of  the  circuit  court  to  the  court  of  appeals- 


' 


. 


. 


Senate  Bill  3STo.  26. 

A BILL  to  regulate  the  salary  of  the  reporter  of 
the  supreme  court  of  appeals. 

Be  it  enacted  by  the  Legislature  of  West  Virginia  : 

1 The  reporter  for  the  supreme  court  of  ap- 

2 peals  shall  receive  such  sum,  not  exceeding 

3 one  thousand  dollars  annually,  after  the  first 

4 day  of  January  1866,  as  the  court  may  deter- 

5 mine,  to  be  paid  quarterly  out  of  the  treasury 

6 of  the  State  as  other  salaries  are  paid. 


• 


Senate  Bill  ]STo.  27. 

A BILL  to  amend  section  34  of  chapter  118  of  the 
Acts  of  1863. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 Section  thirty  four  of  chapter  one  hundred 

2 and  eighteen  of  the  acts  of  eighteen  hundred 

3 and  sixty-three  is  amended  and  re-enacted  so 

4 as  to  read  as  follows : 

5 34.  When  any  building  which  may  have  been 

6 assessed  shall  become  reduced  in  value  one 

7 hundred  dollars  or  more,  the  assessor  shall 

8 deduct  the  amount  of  such  reduction  from  the 

9 value  of  the  building  assessed  against  the 

10  owner,  and  where  any  building  shall  be  either 

11  wholly  destroyed  or  reduced  to  less  than  one 

12  hundred  dollars  in  value,  the  assessor  shall 

13  deduct  from  said  assessment  the  amount  for 

14  which  such  building  was  assessed.  If  the 

15  owner  of  any  building  so  assessed,  shall  feel 


16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 


2 


himself  aggrieved  thereby,  he  may  within  twelve 
months  after  such  assessment,  apply  to  the 
board  of  supervisors  of  his  county  to  have  the 
same  credited,  but  he  shall  before  such  applica- 
tion is  made  give  notice  thereof  in  writing  to 
the  prosecuting  attorney  whose  duty  it  shall 
be  to  attend  to  the  interests  of  the  State  and 
county  therein.  A copy  of  all  orders  made  by 
the  board  of  supervisors  changing  the  assessed 
value  of  any  real  estate  shall  be  certified  by  the 
clerk  of  such  board  to  the  Auditor  and  the 
assessor  in  whose  district  such  real  estate  is 
situated.  For  any  failure  on  the  part  of  the 
assessor  to  comply  with  this  or  any  of  the  three 
next  preceding  sections  he  shall  forfeit  fifty 
dollars. 


Senate  _BilI  ]STo.  28. 

A BILL  for  the  establishment  and  regulation  of  the  West  Vir- 
ginia Agricultural  College. 

1 Whereas,  The  Congress  of  the  United  States  did,  by  act 

2 passed  on  the  2d  day  of  July,  1862,  and  by  a subsequent  act 

3 passed  on  the  19th  day  of  April,  1864,  donate  to  the  State 

4 of  West  Virginia  certain  lands,  (150,000  acres,)  for  the  pro- 

5 motion  of  agriculture  and  the  mechanic  arts,  including  mili- 

6 tary  tactics,  within  the  State  of  West  Virginia;  the  proceeds 

7 of  which  are  to  be  invested  in  bonds  and  stocks  of  the  United 

8 States,  or  stock  of  this  State,  and  are  to  become  a permanent 

9 endowment,  for  the  purpose  of  maintaining  an  agricultural 

10  college  in  the  said  State  of  West  Virginia,  upon  conditions  re- 

11  cited  in  said  acts  ; 

12  And  whereas,  The  Legislature  of  the  State  of  West  Vir- 

13  ginia  did,  on  the  3d  day  of  October,  1863,  pass  an  act  accept- 

14  ing  the  said  donation,  and  the  said  land  warrants  having  been 

15  received  by  the  Governor,  and  by  him  sold  and  converted  into 

16  current  funds  of  the  United  States  ; 

17  And  whereas,  The  Board  of  Trustees  of  Monongalia  Aca- 

18  demy  have,  by  resolution  passed  on  the  9th  day  of  January, 

19  1866,  tendered  to  the  State  of  West  Virginia  the  buildings, 


20  property  and  funds  of  said  Academy,  by  resolution,  in  the 

21  following  words,  to-wit : 

22  Resolved , That  this  board  tender  to  the  Legislature  of  West 

23  Virginia,  all  the  real  estate  and  personal  effects  held  as  the 

24  property  of  Monongalia  Academy,  including  the  property 

25  known  as  “ Woodburn  Female  Seminary,”  amounting  as  a 

26  whole,  to  the  following  estimated  value,  viz  : 


27  Woodburn  Female  Seminary, $25,000 

28  Monongalia  Academy  and  Dwelling, 15,000 

29  Cash,  Bonds,  Bank  Stock,  &c.,  10,000 

30  Library  and  other  personal  property, 1,000 

31  Amounting  to $51,000 


32  To  be  absolutely  held  and  used  by  the  State  of  West  Virgin- 

33  ia,  on  the  express  condition  that  the  contemplated  agricultural 

34  college  be  located  permanently  at  or  near  Morgantown,  and 

35  that  the  funds  and  real  estate  hereby  tendered,  be  used  solely 

36  for  the  benefit  of  said  college  ; Therefore, 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  That  the  funds  derived  from  the  sale  of  the  United  States 

2 land  warrants  donated  to  this  States  for  the  purpose  of  endow- 

3 ing  an  agricultural  college,  be  invested,  by  the  Governor,  in  a 

4 loan  or  public  stock  of  the  United  States,  for  the  use  and  bene- 

5 fit  of  a college  to  be  called  the  “ Agricultural  College  of  West 


3 


6 Virginia, ,J  endowed  as  aforesaid,  and  to  be  further  established, 

7 regulated  and  maintained  according  to  a plan  hereinafter  pro- 

8 vided  for. 

1 2.  That  this  State  hereby  accepts  the  tender  of  the  Board 

2 of  Trustees  of  u Monongalia  Academy;”  and  that  said  college 

4 shall  be  permanently  located  at  or  near  Morgantown,  in  the 

5 county  of  Monongalia,  and  that  the  sum  of thousand 

6 dollars  be  appropriated  to  aid  in  the  establishment  of  said 

7 college. 

1 3.  That  the  Governor  of  this  State  shall,  within  thirty  days 

2 after  the  passage  of  this  act,  appoint  nine  suitable  persons, 

3 who  shall  constitute  a Board  of  Visitors  for  said  college,  and 

4 who  shall  have  a common  seal,  any  three  of  whom  may  consti- 

5 tute  a quorum  for  the  transaction  of  ordinary  business ; but 

6 for  making  arrangements  for  the  erection  of  buildings,  or  per- 

7 manent  alteration  of  the  present  buildings,  as  well  as  the  ap- 

8 pointment  to  or  removal  from  office  of  professors,  the  concur- 

9 rence  of  a majority  of  the  board  shall  be  required. 

1 4.  When  the  said  board,  hereby  constituted,  shall  have 

2 served  one  year,  two  of  their  number,  (to  be  determined  by  lot,) 

3 shall  vacate  their  positions,  and  two  others  on  each  succeeding 

4 year  shall  do  the  same,  and  the  remaining  seven  shall  annually 

5 elect  from  the  State  at  large,  two  new  members  of  the  board 


4 


6 who  shall  be  commissiondd  by  the  Governor.  In  case  of  death, 

7 removal,  or  refusal  to  act,  any  three  members  of  said  board 

8 may  proceed  to  call  the  rest  of  the  board  together  to  fill  such 
2 vacancy. 

1 5.  That  it  shall  be  the  duty  of  said  visitors,  on  or  before 

2 the  first  Wednesday  of  July  next,  and  annually  thereafter,  or 
8 at  such  times  as  they  may  designate,  to  meet  at  the  college 

4 buildings,  now  known  as  ‘‘Woodburn  Female  Seminary,”  and 

5 there  establish  such  departments  of  education  in  literature, 

6 science,  art  and  agriculture  as  they  may  deem  expedient  and 

7 as  the  funds  under  their  control  may  warrant,  and  purchase 

8 such  materials,  implements  and  apparatus  as  may  be  requisite 

9 to  proper  instruction  in  all  said  branches  of  learning,  so  as  to 

10  carry  out  the  spirit  of  the  act  of  Congress  aforesaid,  approved 

11  July  2d,  1862.  And  they  shall  also  appoint  a superintendent 

12  who  shall  have  general  supervision  and  control  of  the  property 
18  and  interests  of  said  college,  during  the  vacation  of  said  board. 

1 6.  That  said  board  shall  establish  and  declare  such  rules 

2 and  regulations,  and  by-laws,  as  they  may  deem  necessary  for 

3 the  proper  organization,  tuition  and  good  government  of  the 

4 said  college,  and  the  protection  of  the  public  property  belong- 

5 ing  to  said  college,  as  shall  not  be  inconsistent  with  the  laws 

6 of  this  State,  or  of  the  United  States ; they  shall  appoint  a 


7 treasurer,  taking  bond  from  him,  with  ample  security,  condi- 

8 tioned  for  the  faithful  keeping  and  disbursing  of  such  money 

9 herein  or  hereafter  appropriated,  and  such  other  moneys  as 

10  shall  be  allowed  by  said  board  to  come  into  his  hands  from 

11  time  to  time ; they  shall  also  settle  his  accounts  annually,  or 

12  oftener,  if  they  think  best;  inspect  all  the  public  property  of 

13  said  college,  and  make  a lull  report  of  the  condition,  income 

14  expenditures  and  management  of  said  college  to  the  Governor, 

15  annually ; to  be  by  him  laid  before  the  Legislature. 

1 7.  Said  board  shall  have  power  to  create  a preparatory 

2 department  to  said  college  and  appoint  any  other  professor- 

3 ship  than  heretofore  mentioned,  if  the  same  be  deemed  essen- 

4 tial,  fix  the  salaries  of  the  several  professors  and  of  the  super- 

5 intendent,  and  remove  them  for  good  cause ; but  in 

6 cases  of  removal,  the  concurrence  of  a majority  of  the 

7 board  shall  be  required,  and  the  reasons  therefor  shall  be 

8 commnnicated  in  a full  written  statement  thereof,  to  the  gover- 

9 nor. 

1 8.  Besides  prescribing  the  general  terms  upon  which  students 

2 may  be  admitted,  the  course  of  their  instruction,  and  the  kind 

3 and  duration  of  their  services,  (which  duration  shall  not  exceed 

4 five,  nor  be  less  than  two  years,)  the  said  visitors  are  still 

5 further  empowered  to  admit  as  the  regular  students  or  cadets 


6 


6 of  said  college,  any  number  of  young  men,  not  fewer  than  one 

7 nor  more  than  two  from  each  senatorial  district  in  this  State, 
"8  and  who  shall  not  be  less  than  16  nor  more  than  25  years  of 

9  age  ; and  their  admission  to  be  made  upon  undoubted  evidence 

10  of  a fair  moral  character.  But,  should  no  application  be  made 

11  from  any  of  said  senatorial  districts,  then  the  vacancies  may 

12  be  filled  from  the  State  at  large. 

1 9.  That  the  said  students  thus  admitted  shall  be  entitled  to 

2 all  the  priviliges,  and  annuities,  educational  advantages  and 

3 benefits  of  the  college  free  of  charge  for  admission,  tuition, 

4 books  and  stationery,  and  they  shall  constitute  the  public 

5 guard  of  the  said  college,  and  the  public  property  aforesaid. 

6 And  whenever  the  said  board  shall  certify  to  the  Governor 

7 that  said  college  is  ready  to  go  into  operation,  and  that  students 

8 have  been  appointed  and  admitted  as  hereinbefore  provided 

9 for,  he  shall  forthwith  forward  to  the  superintendent  of  the 

10  said  college,  a sufficient  number  of  public  arms  and  equipments, 

11  ordinance  and  munitions  for  the  use  of  the  college,  to  be  kept 

12  in  an  arsenal  of  the  said  college,  set  apart  for  the  purpose. 

13  And  the  professor  and  students  of  said  college  receiving  instruc- 

14  tions  in  military  tactics  and  the  art  of  war,  shall  be  individually 

15  and  collectively  responsible  for  the  preservation  and  safe  keep- 

16  ing  of  said  arms. 


7 

1 10.  All  reasonable  expenses  incurred  by  said  visitors  in 

2 discharging  the  euties  hereby  imposed  upon  them  (not,  however, 

3 including  any  wages,  or  per  diem  compensation)  shall  be  allow- 

4 ed,  and  when  admitted  by  the  Governor,  shall  be,  by  him 

5 caused  to  be  paid  out  of  the  treasury  of  the  State,  in  like 

0 manner  as  all  sums  are  drawn  therefrom. 

1 11.  That  it  shall  be  lawful  for  the  said  board  to  expend  so 

2 much  of  the  appropriation  herein  provided  as  may  be  proper 

3 for  the  procuring,  repairing  or  erecting  such  buildings  as  may 

4 be  necessary  for  the  accommodation  of  professors  and  students 

5 of  said  college;  said  board  shall  be,  and  are  hereby  authorized 

6 to  contract  for  and  erect,  at  such  time  as  they  may  deem  proper 

7 and  necessary,  such  additional  buildings  as  may  be  needed  ; 

8 provided,  however,  that  such  expenditures  shall  not  exceed  the 

9 sum  of  one  thousand  dollars  annually,  for  the  first  five  years. 

10  They  may,  also,  expend  five  thousand  dollars  of  the  funds 

11  received  from  the  trustees  of  the  Monongalia  academy  in 

12  purchasing  landed  estate  for  the  use  of  the  agricultural  depart- 
14  ment  of  said  institutions,  contiguous  to  said  seminary. 

1 12.  That  the  Governor,  board  of  visitors  and  faculty  may 

2 graduate  any  student  of  the  college,  found  (after  proper 

3 examination)  duly  qualified,  and  shall  certify  the  same  by  affix- 

4 ing  the  seal  of  the  college  to  his  diploma. 


8 


1 13.  That  the  board  of  visitors,  constituted  as  aforesaid, 

2 shall,  on  or  before  the  first  day  of  June  next,  accept  andreceive 

3 from  the  board  of  trustees  of  Monongalia  academy,  a deed  or 

4 deeds  for  the  real  estate  and  personal  property  so  tendered  to 

5 this  State,  by  their  resolution  aforesaid,  to  themselves,  as  the 

6 board  of  visitors  of  the  agricultural  college  of  West  Virginia, 

7 and  their  successors  forever,  to  be  placed  on  record  in  the 

8 Recorder’s  office  of  Monongalia  county,  and  then  deposited  in 

9 the  office  of  the  Secretary  of  State. 

1 14.  That  the  said  board  shall  also  have  power  to  appoint  a 

2 treasurer,  who  shall,  after  giving  bond,  as  before  provided, 

3 receive  from  the  trustees  of  the  Monongalia  academy,  all 

4 funds  and  secureties  tendered  by  their  resolution  hereinbefore 


5  recited. 


Senate  Bill  INTo.  29. 

A BILL  providing  for  the  issuing  of  attachments 
in  certain  cases. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  On  affidavit  at  the  time  of,  or  after  the 

2 institution  of  any  suit,  stating  the  nature  of 

3 the  plaintiffs  claim,  that  it  is  just,  the  amount 

4 the  affiant  believes  the  plaintiff  ought  to 

5 recover,  and  the  evidence  of  some  one  or  more 

6 of  the  following  particulars : First,  That  the 

7 defendant  or  one  of  several  defendants,  is  a 

8 foreign  corporation,  or  is  a non-resident  of  the 

9 State;  or,  Second , Has  absconded  with  intent 

10  to  defraud  his  creditors  ; or,  Third , Has  left  his 

11  residence  in  order  to  avoid  service  of  process; 

12  or,  Fourth , So  conceals  himself  that  a summons 

13  cannot  be  served  upon  him ; or,  Fifth,  Is  remov- 

14  ing  or  about  to  remove  his  property,  or  a part 

15  thereof,  out  of  the  State  with  the  intent  to 

16  defraud  his  creditors;  or,  Sixth,  Is  converting, 


2 

17  oi'  about  to  convert,  his  property  or  a part 

18  thereof  into  money  or  securities,  with  like 

19  intent ; or,  Seventh,  Has  assigned,  disposed  of 

20  or  removed  his  property  or  a part  thereof,  or  is 

21  about  to  do  so,  with  like  intent ; or,  Eighth, 

22  Has  property  or  rights  in  action  which  he 

23  conceals;  or,  Ninth , Fraudulently  contracted  the 

24  debt  or  incurred  the  liability  for  which  the 
35  suit  is  about  to  be,  or  has  been  brought,  the 

26  plaintiff  may  forthwith  sue  out  of  the  clerks  office 

27  an  attachment  against  the  estate  of  such 

28  defendant,  or  defendants,  for  the  amount  so 

29  stated. 

1 2.  Such  attachment  shall  be  issued,  and 

2 subsequent  proceedings  had  thereon,  in  confor- 

3 mity  with  chapter  one  hundred  and  fifty  one 

4 of  the  code  of  Virginia,  second  edition. 


I 


Seriate  JBill  ISTo.  BO. 


A BILL  to  alter  part  of  the  division  line  between 
the  Counties  of  Upshur  and  Barbour. 

Be  it  enacted  by  the  Legislature  of  West  Virginia  : 

1 1.  That  the  division  line  between  the  coun- 

2 ties  of  Barbour  and  Upshur,  running  from  the 

3 Middle  Fork  to  the  Buckhannon  river,  is  here- 

4 by  so  altered  as  to  run  a straight  line  from 

5 Woodley’s  mills,  on  the  Middle  Fork,  to  the 

6 mouth  of  Handy  Camp  run  where  it  enters  in- 

7 to  the  Buckhannon  river,  and  thence  down  the 

8 Buckhannon  river  to  the  line  dividing  the 

9 counties  of  Upshur  and  Barbour,  and  so  much 

10  of  the  county  of  Upshur  as  lies  to  the  north  of 

11  said  extension,  is  hereby  annexed  to  and  made 

12  part  of  the  county  of  Barbour. 

1 2.  The  annexation  herein  provided  for  shall 

2 not  be  of  force  until  the  county  surveyors  of 

3 the  counties  of  Upshur  and  Barbour,  jointly 


4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

1 

2 

3 

4 

5 


survey  and  mark  out  said  extensions,  and 

* 

make  three  fair  plats  thereof,  each  of  which 
they  shall  duly  certify,  and  forward  one  to  the 
Secretary  of  the  State,  another  to  the  recorder 
of  Barbour  county  and  the  third  to  the  recor- 
der of  the^couuty  of  Upshur,  who  shall  tile  and 
carefully  preserve  the  same  in  their  respective 
offices,  which  it  shall  be  the  duty  of  said  sur- 
veyors to  do  within  six  months  from  the  pas- 
sage of  this  act. 

3.  The  account  of  the  said  surveyors  for  their 
fees  and  expenses  incurred  under  the  provis- 
ions of  this  act,  shall  be  audited  by  the  board 
of  supervisors  of  Barbour  county,  and  paid  out 
of  the  treasury  of  the  county  of  Barbour. 


Senate  Uill  ISTo.  33. 

A BILL  concerning  the  Bail  Roads  of  this  State. 

Be  it  enacted  by  the  Legislature  of  West  Virginia: 

1 1.  That  it  shall  not  be  lawful  for  any  railroad  company 

2 chartered  by  the  Legislature  of  this  State,  or  operating  directly 

3 or  indirectly  within  the  same,  and  a charter  granted  elsewhere, 

4 to  exact,  charge  or  receive,  from  any  citizen  of  this  State,  any 

5 higher,  greater  or  other  compensation  for  the  transportation  of 

6 passengers,  tonnage,  freight  or  other  service  performed  or  to  be 

7 performed,  than  such  average  rate  per  mile,  as  may  be  establisli- 

* 

8 ed  for  any  other  distance  on  such  road  or  connecting  road,  for 

9 like  service  by  railroad  or  water  line ; it  being  the  intention 

10  of  this  act,  that  there  shall  be  a uniformity  of  charges  per 

11  mile  by  all  the  roads  in  this  State,  for  all  transportation  or 

12  other  service  performed  by  such  road  tor  itself  or  under  any 

13  contract  or  arrangement  with  any  other  road  or  water  line. 

14  Any  railroad  company  violating  the  provisions  of  this  section 

15  shall  forfeit  and  pay  to  the  person  injured  or  his  personal 

16  representative,  ten  times  the  amount  of  money  exacted  or 

17  received  in  excess  of  the  rates  hereby  authorized  to  be 

18  recovered  with  costs,  before  a justice  of  the  peace,  or  upon 


2 

19  motion  after  ten  days  previous  notice  in  any  court  of  record  in 

20  this  State. 

’ 1 2.  Any  railroad  company  chartered  by  this  State,  or  opera- 

2  ting  within  the  same  under  a charter  granted  elsewhere,  shall 
8 be,  and  the  same  is  hereby  authorized  and  empowered  to  [con- 

4 tract  ^with  any  connecting  railroad,  steamboat  or  water  line, 

5 for  the  transportation  of  passengers,  freight,  tonnage  and  the 

6 public  mail,  and  for  the  cars,  machinery,  depots,  building 

7 water  stations  and  other  property,  to  be  used  in  common  by 

8 the  railroads  so  connecting,  and  contracting  upon  such  terms, 

9 and  under  such  regulations,  not  inconsistent  with  the  provisions 

10  of  the  first  section  of  this  act,  as  may  be  agreed  upon  between 

11  the  companies  so  contracting;  but  no  railroad  company,  so 

12  contracting,  shall  be  authorized  to  put  upon  any  other  road, 

13  the  motive  power,  passenger,  freight,  stock,  mail  or  other  cars, 

14  belonging  to  any  other  road,  without  the  authority  obtained 

15  under  the  provisions,  and  in  pursuance  of  this  act. 

1 3.  The  Baltimore  and  Ohio  railroad  company  is  hereby 

2 authorized  to  subscribe  to  the  capital  stock  of  the  North 

3 Western  Virginia  railroad  company,  and  to  purchase  and  hold 

4 stock  already  subscribed,  and  to  buy,  hold  or  guarantee  the 

5 bonds  of  said  last  mentioned  company,  and  to  buy  and  hold, 


3 

6 and  be  possessed  of  the  franchises  and  property  of  the  said  last 

7 mentioned  company.  - 

1 4.  As  a condition  upon  which  the  persons  and  privileges 

2 contained  in  the  second  and  third  sections  of  this  act  are 

3 granted,  and  without  which  they  are  hereby  prohibited,  the 

4 North  Western  Virginia  rail  road  company  shall  cause  to  be 

5 constructed,  the  branch  of  said  road  from  Clarksburg  in  Harri- 

6 son  county,  to  Weston  in  Lewis  county,  as  now  authorized  by 

7 law,  to  be  completed  by  the  first  day  of  July  1867,  and  the 

8 said  company  shall  keep  and  maintain  passenger  cars  thereon, 

9 to  be  run  as  often,  and  in  the  same  manner  that  cars  are  kept 
10  and  run  on  the  main  line. 

1 5.  In  order  to  secure  the  faithful  execution  of  this  act,  and 

2 to  protect  the  interests  of  the  citizens  of  this  State,  it  shall  be 

3 lawful  and  the  duty  of  the  board  of  public  works  to  appoint 

4 one  third  of  the  directors  which  may  at  any  time  be  authorized 

5 for  any  railroad  operating  in  this  State,  which  directors  when 

6 so  appointed,  shall  possess  and  exercise  concurrent  and  equal 

7 powers  in  the  management  of  the  companies  business,  as  may 

8 be  allowed  to  any  equal  number  of  directors  of  any  company 

9 which  may  be  elected  or  appointed  otherwise. 

1 6.  The  board  of  public  works  shall  have  power  to  consent  to 

2 any  modification  from  time  to  time  of  the  tariff  of  rates  for  the 


4 


3 transportation  of  passengers,  freight  or  tonnage  over  any  rail 

4 road  in  this  State,  but  no  such  modification  shall  be  consented 

5 to  without  first  securing  the  fulfillment  of  the  provisions  of 


6  this  act. 


Senate  Bill  ]STo.  34. 

A BILL  relieving  certain  counties  from  taxes. 

1 Whereas,  The  counties  of  Cabell,  Wayne, 

2 Boone,  Logan,  Wyoming,  McDowell,  Mercer, 

3 Webster,  Pocahontas,  Greenbrier,  Monroe,  Ral- 

4 eigh  and  Fayette  have  been  in  the  possession 

5 of  the  rebels  during  the  late  war;  and  whereas, 

7 the  above  named  counties  have  had  to  pay  a 

8 heavy  tax  on  all  they  possessed,  and  also  one- 

9 tenth  of  all  they  produced  to  the  rebel  govern - 

10  ment ; and  whereas,  many  of  the  plantations 

11  have  been  laid  waste  by  the  contending 

12  armies ; Therefore, 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 The  above  named  counties  are  hereby  ex 

2 erupted  from  the  payment  of  back  taxes  for  the 

3 years  of  1861-2-3-4,  that  might  otherwise  be 

4 due  to  the  State  of  West  Virginia. 


■ 


. 

. 

Senate  Bill  ISTo.  35. 

A BILL  to  amend  and  re-enact  section  six  of  an 
act  entitled  “An  Act  concerning  licenses/7  pass- 
ed November  2th,  1863, 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 Section  six  of  an  act  entitled  ‘An  Act  con- 

2 cerning  licenses/7  passed  November  28,  1863, 

3 is  amended  and  re-enacted  so  as  to  read  as 

4 follows : 

5 “ 6.  Upon  credible  complaint,  in  writing,  or 

6 on  his  own  knowledge  of  any  breach  of  the 

7 condition  of  such  bond  as  is  mentioned  in  the 

8 fifth  section,  the  prosecuting  attorney  of  the 

9 county  shall,  by  motion  in  the  circuit  court, 
10  recover  the  penalty  of  such  bond,  and  the  per- 
il son  committing  such  breach  shall  forfeit  his 

12  license  and  be  forever  disqualified  from  obtain- 

13  ing  a license  under  the  said  fifth  section,  within 

14  this  State. 


- 


- 

. . 


Senate  Bill  ISTo.  36. 

A BILL  to  encourage  immigrantation  into  West  Virginia. 

1 Whereas,  next  in  public  importance  to  the  settlement  of 

2 the  titles,  is  a speedy  settlement  of  the  vast  portions  of  un- 

3 improved  lands  in  the  State,  with  a population  and  capital  that 

4 shall  develop  and  render  productive  their  agricultural,  mineral 

5 and  other  resources ; and  whereas,  individual  enterprise  if 

6 properly  encouraged  will  do  it  far  better  than  the  State  ; and 

7 it  being  manifest  that  the  accomplishment  of  so  great  and 

8 desirable  an  object  advantageously,  will  require  large  associa- 

9 tions  of  enterprising  men  and  capital,  which  it  will  be  difficult 

10  to  secure,  unless  the  privileges  and  the  protection  against 

11  individual  liability  which  certificates  of  incorporation  under 
1*2  said  act  give,  be  extended  to  them  with  a right  to  hold  and 

13  dispose  of,  for  profit  or  other  motive,  more  land  than  is  now 

14  allowed  by  law  ; therefore, 

Be  it  enacted  by  the  Legislature  of  West  Virginia: 

1 1.  That  the  provisions  of  the  act  aforesaid  be  extended  to 

2 associations,  which  shall  consist  of  at  least  the  number  of 

3 persons  required  by  said  act ; that  shall  be  formed  in  accord- 

4 ance  with  the  provisions  thereof,  for  the  purpose  of  introducing 


2 


5 immigrants  and  capital  into  the  State,  preparing  the  lands  for 

6 settlement,  settling  the  same  and  developing  the  resources 

7 thereof,  with  power  to  purchase  and  hold  by  title,  legal  or  equita- 

8 ble  lands  for  the  purpose  of  re-sale,  for  profit  or  other  purpose, 

9 if  done  in  furtherance  of  the  objects  of  this  act,  provided  it 

10  shall  hold  not  more  than  3,000  acres  of  improved,  nor  more 

11  than  100,000  acres  of  unimproved  land  at  one  time. 

1 2.  A certificate  of  incorporation  under  the  9th  section  of  the 

2 act  aforesaid  shall  invest  such  association  with  all  the  general 

3 rights  and  powers  conferred  by  the  provisions  of  said  act,  and 

4 subject  to  the  general  duties  and  restrictions  not  inconsistent 

5 herewith,  which  it  imposes,  and  shall  continue  for  20  years 

6 unless  sooner  terminated  for  the  causes  specified  in  said  act 

7 with  power  to  establish  its  principal  office  or  place  of  business 

8 in  any  part  of  the  United  States,  with  branches  any  where  in 

9 the  country  as  may  best  subserve  its  purpose  and  convenience, 

10  provided  its  principal  office  or  one  of  its  branches  shall  be  in 

11  this  State. 

1 3.  Such  portions  of  the  aforesaid  act  passed  the  26th  day 

2 of  October  1863,  as  are  inconsistent  with  this  act  are  repealed. 


Senate  Substitute  for  House  Bill  No,  37, 

A BILL  prescribing  how  the  general  school  fund 
shall  be  apportioned  to  certain  counties  in  the 
year  1866. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  The  Auditor  in  the  next  apportionment 

3 of  the  general  school  fund,  shall  apportion  to 

4 the  counties  of  Putnam,  Pleasants,  Wirt,  Wood, 

5 Monongalia,  Randolph  and  Gilmer,  in  addition 

6 to  their  share  of  such  fund  this  year,  such 

7 portion  thereof,  as  they  would  have  been  en- 

8 titled  to  receive  in  the  year  1865,  had  they 

9 then  made  full  returns  of  the  number  of  school 

10  children  in  their  respective  counties,  such  ap- 

11  portionment  shall  be  made  upon  the  enrollment 

12  of  the  present  year. 

1 2.  The  superintendent  of  the  counties  afore- 

2 said,  are  hereby  required  to  apportion  to  such 

3 townships  in  their  counties,  in  addition  to  their 

4 share  of  the  school  fund  this  year,  such  portion 

' 5 as  they  would  have  been  entitled  to  receive  in 

6 1865,  had  they  made  return  according  to  law. 


Senate  Bill  N"o.  3S. 

A BILL  to  repeal  the  9th  section  of  “ An  Act 
defining  the  powers  and  duties  of  recorders  in 
relation  to  Wills  and  Fiduciaries,”  passed 
September  3,  1863. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 The  9th  section  of  chapter  36  entitled  “an 

2 act  defining  the  powers  and  duties  of  recorders 

3 in  relation  to  Wills  and  Fiduciaries,”  passed 

4 September  3d,  1863,  is  hereby  repealed. 


. 

•7 

- 

/ 

Senate  Bill  ISTo.  39. 

A BILL  constituting  the  bank  of  certain  streams 
in  Morgan  county,  West  Virginia,  a lawful  fence. 

Be  it  enacted  by  the  Legislature  of  West  Virginia  : 

1 1.  The  south  bank  of  the  Potomac  river  in 

2 the  county  of  Morgan  from  the  mouth  of  Cherry 

3 run  to  the  mouth  of  Sleepy  creek,  and  also  the 

♦ 

4 east  bank  of  Sleepy  creek  from  its  mouth  to 

0 the  south  side  of  the  Baltimore  and  Ohio  rail 

6 l’oad,  in  the  limits  of  said  county,  are  hereby 

7 constituted  a lawful  fence. 

1 2.  The  owners  or  occupiers  of  lands  bordering 

2 on  said  river  and  within  said  county  of  Morgan 

3 need  not  keep  up  fences  along  the  bank  of  said 

4 i;iver  or  creek,  except  where  public  crossings 

5 or  public  roads  running  parral'lel  therewith 

6 shall  require  it. 

1 3.  This  act  shall  be  and  remain  in  force  from 

2 and  after  the  first  day  of  March,  1866. 


* 


. 


Senate  Bill  No.  40. 

A BILL  to  authorize  Adam  Kuhn  and  others  to  sink  a coal  shaft 
in  the  town  of  Wellsburg,  and  for  other  purposes. 

1 Whereas,  it  has  been  represented  to  this  Legislature  that 

2 Adam  Kuhn,  John  Tweed  and  Samuel  George,  have  procured 

3 from  almost  all  the  owners  of  real  estate  of  the  town  of  Wells- 

4 burg  in  the  county  of  Brooke,  the  right  to  mine  for,  obtain  and 

5 take  away  all  the  subterranean  strata  of  coal,  so  procured  and 

6 underlying  said  town,  and  being  desirous  of  enlarging  the  area 

7 of  their  aforesaid  coal  privilege,  which  at  present  is  very 

8 limited,  ask  this  Legislature  to  grant  them  the  right  to  mine 

9 for  and  procure  all  the  coal  underlying  the  Ohio  river  from  a 

10  point  in  the  said  river  opposite  the  mouth  of  Buffalo  creek  to 

11  a.  point  up  said  river  opposite  the  division  line  between  the 

12  lands  of  Wm.  Briggs  and  the  heirs  of  Wm.  Tarr,  deceased. 

13  And  further  desiring  to  sink  a,  shaft,  and  erect  necessary 

14  buildings,  machinery  and  fixtures  for  the  successful  mining  of 

15  said  coal,  and  taking  care  of  the'same,  and  also  to  construct  a 

16  rail  tram  or  other  suitable  road,  to  convey  and  transport  the 

17  said  coal  to  the  Ohio  river  on  such  street  or  streets  of  the  said 

18  town  as  may  be  agreed  upon  between  them  and  the  trustees  of 

19  said  town,  and  in  connection  herewith,  and  by  consent  of  said 


9 


20  trustees  to  build  or  construct,  at  the  junction  of  said  street  or 

21  streets  'with  the  said  river,  a wharf  or  wharves,  abutment  or 

22  abutments,  pier  or  piers  as  they  may  deem  proper  for  the 
3 convenient  and  safe  shipment  of  their  coal  obtained  as  afore* 

24  said  ; and  for  the  use  and  occupancy  of  the  aforesaid  wharf  or 

25  wharves,  abutment  or  abutments,  pier  or  piers  and  the  harbor 

26  or  harbors  made  thereby,  for  the  shipment  of  their  coal  as 
2T  aforesaid,  and  the  safety  of  their^boats  and  other  vessels  used 

28  and  employed  in  shipping  said  coal,  and  whereas,  it  has  been 

29  also  represented  to  this  Legislature  that  the  aforesaid  work 

30  and  privilege  would  greatly  increase  the  value  of  the  real  estate 

31  of  the  said  town  and  neighborhood,  and  add  greatly  to  the 

32  business  facilities  of  the  said  town  ; Therefore, 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  That  Adam  Kuhn,  John  Tweed  and  Samuel  George,  and 

2 such  others  as  they  may  associate  with  them,  and  their  legal 

3 representatives,  may  mine  for,  and  take  away  all  the  coal 

4 underlying  the  Ohio  river  from  a point  in  said  river  opposite 

5 the  mouth  ol  Buffalo  creek  in  the  county  of  Brooke,  to  a point 

6 up  said  river  opposite  the  dividing  iine  between  the  lands  of 

7 Wm.  Briggs  and  the  heirs  of  Wm.  Tarr,  deceased,  in  said 

8 county. 

1 2.  That  the  aforesaid  Adam  Kuhn,  John  Tweed  and  Sam’l 


2 George,  and  such  others  as  they  may  hereafter  associate  with 

3 them  and  their  legal  representatives,  having  first  obtained  the 

4 consent  of  the  trustees  of  the  town  of  Wellsburg  in  said  county 

5 of  Brooke,  may  sink  a shaft  in  said  town  on  their  own  lands, 

6 and  erect  necessary  buildings,  machinery  and  fixtures  thereon, 

7 for  the  successful  mining  of,  taking  care  of,  and  shipping  or 

8 conveying  to  market  all  such  coal  as  is  embraced  in  the  first 

9 section  of  this  act,  and  such  other  coal  as  they  have,  or  may 
10  procure  by  purchase  or  otherwise. 

1 3.  It  shall  be  lawful  |for  the  aforesaid  Adam  Kuhn,  John 

2 Tweed  and  Samuel  George,  and  such  others  as  they  may 

3 associate  hereafter  with  them,  and  their  legal  representatives, 

4 to  construct  from  their  aforesaid  coal  shaft,  a rail  tram  or 

5 other  suitable  road  to  the  Ohio  river,  on  any  street  or  streets 

6 of  the  said  town,  for  the  purpose  of  carrying  or  transporting 

7 the  coal  obtained  as  aforesaid,  to  the  said  river,  and  to  build  a 

8 wharf  or  wTharves,  abutment  or  abutments,  pier  or  piers  at  the 

9 mouth  or  junction  of  said  street  or  streets  with  said  river,  and 

10  to  erect  thereon  such  platforms,  tipples  and  fixtures  as  may  be 

11  necessary  for  the  convenient  shipment  of  coal,  and  to  use  and 

12  occupy  such  harbor  or  harbors,  as  may  be  made  by  the  aforesaid 

13  wharf  or  wharves,  abutment  or  abutments,  pier  or  piers  for  the 

14  shipment  of  their  coal,  and  safety  of  their  boats  and  vessels 


4 


15  employed  by  them  in  shipping  said  coal,  provided  however, 

16  that  the  construction  and  use  of  the  said  rail  tram  or  other 

17  road  as  aforesaid,  do  not  materially  obstruct  or  interfere  with 

18  the  crossings  of  any  other  street  or  streets  of  said  town  run- 

19  ning  [at  right  angles  with  the  street  or  streets  on  which  such 

20  road  or  roads  as  aforesaid,  may  he  constructed,  and  provided 

21  also,  that  the  street  or  streets  so  used  by  them  as  aforesaid 

22  shall  only  be,  by  them  so  occupied,  by  their  said  road,  as  to 
28  leave  sufficient  room  on  each  side  of  said  rail  tram  or  other 

24  road  as  aforesaid,  for  the  [passage  of  a wagon  and  travelers, 

25  and  provided  further,  that  before  they  are  entitled  to  the  benefits 

26  of  this  section  they  shall  first  obtain  the  consent  of  the  trustees 

27  of  the  said  town  of  Wellsburg. 

1 4.  It  shall  be  lawful  for  the  trustees  of  the  said  town,  a 

2 majority  of  them  concurring,  to  give  their  consent  to  the  afore- 
8 said  parties  for  the  privileges  embraced  in  the  two  preceding 

4 sections  of  this  act,  and  to  mine  for  and  take  away  such  coal 

5 found  in  the  subterranean  strata  underlying  the  streets  and 

6 alleys  of  said  town. 


Senate  JBill  ]STo.  41. 

A BILL  to  relieve  judgment  debtors. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  In  all  cases  where  judgments  had  been 

2 rendered  and  executions  issued  by  any  of  the 

3 courts  of  Virginia,  the  jurisdiction  of  which 

4 extended  to  any  of  the  counties  now  embraced 

5 in  the  State  of  West  Virginia,  and  which  had 

6 been  levied  upon  property  rendered  valueless 

7 by  the  issues  growing  out  of  the  rebellion,  and 

8 it  being  shown  that  such  property  was  by  the 

9 force  of  the  judgment  rendered  and  execution 

10  levied,  under  the  control  or  in  the  custody  of 

11  any  sheriff,  constable  or  other  officer  of  the 

12  courts  of  the  State  of  Virginia,  the  same  shall 

13  not  be  renewed  by  any  of  the  courts  of  this 

14  State,  nor  shall  any  other  property  remaining 

15  to  the  judgment  debtor,  if  he  be  a citizen  of 

16  this  State,  be  liable  under  said  judgment, 


2 

17  provided,  that  it  be  shown  to  the  satisfaction 

18  of  the  court  that  the  property  so  levied  on  was 

19  sufficient  at  the  time  to  satisfy  such  executions. 

1 2.  If  the  property  leviedjon  was  not,  in  the 

2 opinion  of  the  court,  sufficient  to  satisfy  judg- 

3 ments  and  costs,  the  court  shall  appoint  a 

4 commissioner  to  assess  the  value  of  such  prop- 

5 erty  at  the  time  the  levy  was  made,  who  shall 

6 summon  before  him  competent  testimony,  and 

7 make  report  to  the  next  term  of  the  court,  or 

8 the  judge  in  vacation,  and  if  it  shall  appear 

9 that  the  property  levied  on  was  not  sufficient 

10  to  satisfy  judgment  and  costs,  the  court  shall 

11  renew  the  judgment  for  such  deficiency. 

1 3.  Nothing  in  this  act  shall  deprive  the 

2 plaintiff  from  process  against  the  sheriff,  consta- 

3 ble  or  other  officer,  and  their  sureties  for  the 

4 recovery  of  claims  in  their  hands. 


Senate  Bill  ISTo.  43. 

A BILL  better  to  provide  for  the  distribution  of 

the  Acts. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  The  recorder  of  each  county  shall,  annual- 

2 ly,  within  ten  days  after  the  qualification  accord- 

3 ing  to  law,  of  county  and  township  officers, 

4 chosen  at  the  regular  elections,  evidence  of 

5 whose  qualification  is  filed  in  his  office,  make 

6 and  transmit  to  the  Secretary  of  the  State  a 

7 certified  list  of  all  such  officers,  setting  forth 

8 the  name  and  officer  of  each,  and  the  name  of 

9 the  township,  in  the  case  of  a township  office. 

1 2.  The  acts  to  which  the  officers  within  a 

2 county  may  be  entitled  shall  be  forwarded  to 

3 the  recorder  thereof ; and  shall  be  delivered  by 

4 him  to  the  several  officers  entitled  to  them. 

5 The  recorder  may  be  required  to  receipt  for 

6 said  acts,  and  may  require  receipts  from  those 

7 to  whom  he  delivers  them. 

1 3.  All  acts,  codes,  or  other  documents 

2 furnished  to  officers  by  authority  of  law,  shall 

3 be  the  property  of  the  office,  and  be  delivered 

4 by  each  officer  to  his  successor. 


' 

• 

Senate  Bill  ^To.  4=4,. 

A BILL  making  an  appropriation  for  the  Antie- 
tam  National  Cemetery,  near  Shai'psburg  Mary- 
land. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  The  sum  of  sixteen  hundred  and  seventy 

2 two  dollars  and  forty  four  cents,  is  hereby  ap- 

3 propriated  to  aid  in  the  purchase,  permanent 

4 enclosure  and  adornment  of  the  ground  of  the 

5 Antietam  National  Cemetery  near  Sharpsburg 

6 Maryland. 

1 2.  The  amount  hereby  appropriated  shall  be 

2 subject  to  the  order  of  the  Governor,  and  the 

3 whole  or  any  part  thereof  may  be  paid  by  him 

4 if  required,  for  the  purpose  named  in  the  first 

5 section  of  this  .act  to  the  Treasurer  of  the 

6 Antietam  National  Cemetery. 


. 


* 


Senate  Bill  USTo.  -4=  5. 

A BILL  to  prevent  intoxication. 

Be  it  enacted  by  the  Legislature  of  West  Virginia: 

1 1.  x\ny  person  who  shall  drink  to  intoxication,  any  spiri- 

2 tous  liquor  or  intoxicating  drink  of  any  kind,  and  who,  while 

3 under  the  influence  of  such  intoxication,  shall  openly  appear 

4 in  any  street,  road,  highway  or  public  place,  or  while  under 

5 such  influence  shall  use  any  profane  or  obscene  word,  or  threat- 

6 ning  or  abusive  word  to  any  one,  such  person  shall  for  every 

7 such  offence  be  fined  not  less  than  thirty  nor  more  than  one 

8 hundred  dollars. 

1 2.  Any  person  who  by  persuading  or  otherwise,  shall  in- 

2 fluence  any  one  to  drink  to  intoxication  any  drink  mentioned 

3 in  the  preceding  section,  such  person  shall  for  every  such  of- 

4 fence  be  fined  not  less  than  thirty  nor  more  than  one  hundred 

5 dollars,  and  be  confined  in  jail  not  less  than  one  nor  more  than 

6 six  months. 

1 3.  Any  person  knowing  of  any  violation  of  either  of  the  two 

2 preceding  sections,  and  who  shall  fail  to  reportk'|the  same  to 

3 some  justice  or  other  conservator  of  the  peace,  he  shall  be  fined 

4 not  less  than  thirty  nor  more  than  one  hundred  dollars. 

1 4.  It  shall  be  the  duty  of  such  justice  or  other  conservator 


2 of  the  peace,  when  such  report  is  made  to  him  as  is  mentioned 

3 in  the  preceding  section,  by  warrant  directed  to  and  executed 

4 by  any  constable  of  the  county  wherein  the  offence  is  commit- 

5 ted, ’or  any  one  deputised  by  the  officer  issuing  the  said  warrant 

6 to  cause  the  person  or  persons  against  whom  such  report  is 

7 made,  to  be  arrested  and  brought  before  him,  who  on  being 

8 satisfied  of  the  guilt  of  the  person  so  arrested  and  brought 

9 before  him,  to  commit  or  recognize  him  for  trial  in  the  circuit 

10  court  of  the  county  wherein  the  offence  is  committed,  and  also 

11  to  bind  him  in  a sufficient  sum  to  keep  the  peace  and  be  of 

12  good  behavior  for  one  year,  the  officer  shall  recognize  or  cause 

13  to  be  summoned  such  witnesses  as  he  may  deem  proper,  The 

14  said  warrant  and  recognizances  shall  be  returned  forthwith  to 

15  the  clerk  of  said  court. 

1 5.  Any  person  who  shall  be  recognized  as  prescribed  in  the 

2 preceding  section,  and  who  shall  fail  in  any  wise  to  comply 

3 with  the  condition  of  such  recognizance  he  shall  in  addition  to 

4 paying  the  penalty  therein  prescribed,  be  forever  prohibited 

5 from  entering  into  a recognizance  under  any  section  of  this  act 

6 and  he  shall  be  confined  in  jail  during  the  time  mentioned  in 

7 said  recognizance,  in  which  he  is  bound  to  keep  the  peace,  and 

8 be  of  good  behavior. 


Senate  Bill  HSTo.  4=6. 

A BILL  to  amend  the  6th  section  of  chapter  118, 
of  the  acts  of  1863. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 That  the  6th  section  of  chapter  118,  of  the 

2 acts  of  1863,  entitled  “An  Act  providing  for 

3 the  assessment  of  taxes,  defining  the  duties  of 

4 recorders,  passed  December  3d,  1863,  shall  be 

5 amended  so  as  to  read  as  follows : 

6 The  recorder  of  any  county  shall,  annually, 

7 in  the  month  of  January  make  out  an  alpha- 

8 betical  list  of  all  deeds  for  the  partition  and 

9 conveyance  of  land  (except  deeds  of  trust  and 

10  mortgages  to  secure  the  payment  of  debt,) 

11  .which  may  have  been  lodged  in  his  office  to  be 

12  recorded,  (including  those  not  fully  proven,) 

13  within  the  year  ending  on  the  thirty-first  day 

14  of  December  preceding,  which  list  shall  state 

15  the  date  of  the  deed,  when  admitted  to  record, 

16  names  of  grantors  and  grantees,  the  quantity 

17  of  land  conveyed  and  a description  of  the  same 

18  before  placing  said  lists  in  the  hands  of  the 

19  assessor. 


. 


Senate  Bill  TSTo.  47'. 

A BILL  relating  to  the  schools  of  Wheeling  and  parts  of  town- 
ships connected  therewith. 

Be  it  enacted  by  the  Legislature  of  West  Virginia: 

1 1.  The  city  of  Wheeling  and  parts  of  townships  connected 

2 therewith,  shall  constitute  but  one  school  district,  to  he  known 

3 as  the  school  district  of  Wheeling,  the  board  of  education 

4 thereof  shall  consist  of  three  commissioners  from  each  of  the 

5 townships  of  the  district,  to  be  elected  by  the  qualified  voters 

6 thereof,  in  conformity  with  the  provisions  of  the  second  section 

7 of  “An  Act  for  the  establishment  of  a system  of  free  schools,” 

8 passed  December  10th,  1863.  The  official  term  of  all  the 

9 commissioners  elected  under  this  act,  shall  commence  on  the 
10  first  day  of  July  next  succeeding  the  time  of  their  election. 

1 2.  It  shall  be  the  duty  of  the  township  clerk,  in  each  of  the 

2 towmships  constituting  the  school  district  of  Wheeling,  to 

3 notify  the  commissioners  of  their  respective  townships  of  their 

4 election,  and  within  ten  days  after  said  notice  shall  have  been 

5 given,  it  shall  be  the  duty  of  each  of  said  commissioners  to 

6 qualify  by  subscribing  to  the  following  oath  : “I.  A.  B.,  do 

7 solemnly  swear  that  I will  faithfully  perform  the  duties  of  school 

8 commissioner  of  the  school  district  of  Wheeling,  during  the 

9 term  for  which  I have  been  elected,  to  the  best  of  my  ability, 
10  according  to  law,  so  help  me  God.’?  The  township  clerk  is 


2 


11  authorized  to  administer  said  oath,  a copy  of  which  shall  be 

12  kept  by  him  upon  the  files  of  his  office. 

1 3.  Any  vacancy  which  may  occur  in  the  office  of  school 

2 commissioner,  by  death,  resignation,  refusal  to  serve,  or  other- 

3 wise,  shall  be  filled  by  the  board  of  education  of  the  district, 

4 at  their  first  regular  meeting  thereafter,  by  the  appointment 

5 of  a suitable  person,  who  shall  hold  his  office  until  the  next 

6 annual  township  election,  when  a commissioner  shall  be  elected 

7 for  the  unexpired  term. 

1 4.  The  commissioners  duly  elected  and  qualified,  shall  hold 

2 their  first  meeting  on  the  first  Monday  in  July,  at  7 o’clock 

3 p.  m.,  in  the  room  of  the  first  branch  of  the  city  council;  (or 

4 should  there  be  a meeting  of  the  city  council  at  said  time,  on 

5 the  first  evening  thereafter  when  the  council  shall  not  be  in 

4 6 session,)  at  which  time  the  board  shall  be  organized  by  the 

7 election,  by  the  members  present,  if  there  be  ten  or  more,  of 

8 one  of  their  number  for  president,  and  one  for  clerk  of  the 

9 board,  both  the  president  and  clerk,  being  members  of  the 

10  board  by  virtue  of  their  election  as  commissioners,  shall  be 

11  allowed  to  vote  upon  all  questions  submitted  to  the  decision  of 

12  the  board. 

1 5.  The  president  shall  perform  all  the  duties  which  ordina- 

2 rily  devolve  upon  the  presiding  officer  of  a deliberative  body. 

3 In  his  absence  a president  pro  tem . may  be  chosen. 

1 6.  The  clerk  shall  record  in  a book,  to  be  provided  for  the 

2 purpose,  all  the  official  acts  and  proceedings  of  the  board, 

% 

3 which  shall  be  a public  record,  open  to  the  inspection  of  all 


3 


4 persons  interested  therein.  He  shall  preserve  in  his  office  all 

5 papers  containing  evidence  of  titles,  contracts  and  obligations  ; 

6 and  in  general  shall  record  and  keep  on  file  in  his  office,  all 

7 such  papers  and  documents,  as  may  be  required  by  any  of  the 

8 provisions  of  this  act,  or  by  order  of  the  board  of  education, 

9 for  his  services  he  may  receive  such  compensation  as  the  board 

10  of  education  may  allow.  In  his  absence  the  b^ard  may  appoint 

11  a clerk  pro  tempore. 

1 7.  The  board  of  education  may  hold  stated  meetings  at  such 

2 times  as  they  may  appoint,  not  less  than  ten  members  being 

3 required  to  constitute  a quorum  for  the  transaction  of  business. 

4 Special  meetings  may  be  called  by  the  president,  or,  at  request 

5 of  ten  members  of  the  board,  by ’the  clerk,  on  giving  one  day’s 

6 notice  of  the  time  of  holding  the  same,  the  room  occupied  by 

7 the  first  branch  of  the  city  council  may  be  occupied  for  the 

8 meetings  of  the  board,  provided  that  said  meetings  shall  be 

9 held  at  such  times  as  not  to  conflict  with  council  meetings. 

1 8.  Each  township  of  the  school  district  of  Wheeling  shall 

2 -constitute  a sub-district,  and  in  each  sub-district. there  shall  be 

3 established  by  the  board  of  education,  at  leas*t  one  grammar 

4 school  and  one  graded  primary  school.  In  the  primary  school 

5 shall  be  taught  orthography,  reading,  penmanship  and  geogra- 

6 phy  to  such  extent  as  the  district  superintendent  of  schools, 

7 with  the  approval  of  the  board  of  education,  may  prescribe. 

8 In  the  grammar  schools,  English  Grammar  and  United  States 

9 History  shall  be  taught  in  addition  to  the  branches  named  for 

10  the  primary  schools.  No  pupil  shall  be  allowed  t#  enter  a 


4 


11  grammar  school  who  shall  not  have  completed  the  course  pr*e- 

12  scribed  for  a primary  school.  In  the  grammar  schools  the 

13  course  shall  be  thorough  and  complete  in  the  branches  named. 

14  The  board  may  have  power  to  establish  one  high  school  for  the 

15  district,  in  which  shall  be  taught  all  the  branches  usually 
10  taught  in  the  best  academies  in  the  country.  But  no  person 

17  shall  be  allowed  to  enter  said  high  school  as  a pupil,  who  shall 

18  not  first  pass  a thorough  examination  in  the  branches  prescrib- 

19  ed  for  a grammar  school.  Until  said  high  school  shall  be 

20  established,  the  board  may  make  provision  to  have  the  higher 

21  branches  of  mathematics,  and  natural  sciences,  and  literature 

22  taught  in  the  grammar  schools  of  the  district. 

1 9.  Admission  to  the  various  schools  of  the  district  shall  be 

2 gratuitous  to  all  white  children,  wards  and  apprentices  of  ac- 

3 tual  residents  within  the  district  between  the  ages  of  six  and 

4 twenty-one  years,  provided  that  the  admission  of  pupils,  resi- 

5 dents  of  one  sub-district  to  the  schools  of  another  sub-district 

6 shall  be  at  the  option  of  the  district  superintendent,  upon  the 

7 payment  of  such  tuition  as  the  board  of  education  may  deter- 

8 mine,  not  to  exceed  one  dollar  per  term  of  twelve  weeks.  Non- 

9 residents  of  the  district  may  be  allowed  to  attend  the  schools 

10  of  the  district  upon  such  terms  as  the  district  superintendent, 

11  with  the  approval  of  the  board  of  education,  may  prescribe. 

1 10.  Schools  for  colored  children  shall  be  established  in  ac- 

2 cordance  with  the  provisions  of  the  seventeenth  section  of  the 

3 general  school  law  of  the  State,  (as  amended  1865.) 

% 

1 11.  The  board  of  education  shall  have  power  to  make  and 


2 enforce  rules  for  the  exclusion  of  children  from  the  schools  of 

3 the  district,  whose  attendance  would  be  dangerous  to  the 

4 health,  or  detrimental  to  the  morals  or  discipline  of  the  schools. 

5 The  board  may  make  all  necessary  rules  and  regulations  for 

6 the  government  of  the  schools ; for  the  admission  of  pupils 

7 therein ; may  prescribe  class-books  for  use  in  all  the  schools 

8 of  the  district,  and  may  furnish  such  for  the  use  of  indigent 

9 children  in  attendance  at  the  schools.  The  board  may  furnish 

10  all  necessary  apparatus,  stationery,  registers,  text-books  and 

11  books  of  reference  for  the  use  of  teachers,  and  incur  all  other 

12  expenses  necessary  to  make  the  system  efficient  for  the  pur- 

13  poses  for  which  it  was  established,  and  pay  the  same  from  the 

14  school  funds  of  the  district. 

1 12.  In  order  that  the  district  may  draw  its  quota  from  the 

2 State  school  fund,  the  board  shall  cause  an  enumeration  of 

3 youth  to  be  taken  in  accordance  with  the  sixth  section  of  the 

4 general  sehool  law ; and  report  thereof  shall  be  made  by  the 

5 district  superintendent  to  the  State  Superintendent  of  schools. 

6 The  provisions  of  section  37  (as  amended  Feb.  25,  1865,)  of 

7 the  general  school  law,  shall  apply  to  the  district  of  Wheeling 

8 in  common  with  other  parts  of  the  State. 

1 13.  The  State  Superintendent,  in  his  report  to  the  auditor, 

2 shall  specify  separately  the  results  of  the  enumerations  of 

3 youths  in  the  school  district  of  Wheeling  and  the  rest  of  Ohio 

4 county.  And  the  auditor  in  apportioning  money  for  school 

5 purposes  shall  apportion  to  the  district  of  Wheeling  and  the 

6 rest  of  Ohio  county  separately,  according  to  their  rSpective 


6 


7 numbers  of  youth,  as  shown  in  the  list  furnished  by  the  State 

8 Superintendent.  And  said  superintendent  shall  draw  his  re- 

9 quisition  upon  the  auditor  in  favor  of  the  treasurer  of  the  city 

10  of  Wheeling,  for  such  amount  as  the  district  is  entitled  to  re- 

11  ceive  according  to  the  apportionment  of  the  auditor,  and  at 

12  same  time  shall  notify  the  district  superintendent  of  said 
18  amount. 

1 14.  It  shall  be  the  duty  of  the  board  of  education,  annual- 

2 ly,  in  the  month  of  July,  to  determine,  as  nearly  as  practica- 

3 ble,  the  amount  of  money  necessary  in  addition  to  all  other 

4 available  funds,  to  continue  the  schools  of  the  district  for  a 

5 term  not  less  than  nine  months,  and  for  all  other  purposes 

6 relating  to  the  schools  of  the  district,  such  as  the  repairing 

7 and  improvement  of  school  premises,  the  purchase  of  sites  and 

8 the  building  of  school  houses,  the  payment  of  debts  previously 

9 contracted ; and  they  shall  cause  the  amount  to  be  assessed  on 

10  all  the  taxable  property  of  the  district ; and  the  same  shall  be 

11  levied  and  collected  in  the  same  manner,  and  by  the  same  offi- 

12  cers  as  the  county  levies  are  made  and  collected.  The  amount 

13  thus  collected  shall  be  certified  by  the  collecting  officer  to  the 

14  district  superintendent  of  schools,  and  shall  be  paid  over  to  the 

15  treasurer  of  the  city  of  Wheeling,  upon  the  order  of  said  dis- 

16  trict  superintendent.  The  treasurer  of  the  city  of  Wheeling 

17  shall  act  as  treasurer  of  all  school  funds  accruing  to  the  dis- 

18  trict  from  any  source  whatever.  Said  treasurer,  before  receiv- 

19  ing  any  school  moneys,  shall  give  bond  with  security,  approved 

20  by  the  board  of  education,  in  such  amount  as  shall  be  named 


7 


21  by  said  board,  which  bond  shall  be  filed  with  the  clerk  of  the 

22  city.  And  upon  the  forfeiture  of  said  bond,  it  shall  be  the  du- 

23  ty  of  said  clerk  to  prosecute  and  collect  from  said  treasurer 

24  and  his  securities,  the  amount  named  in  the  bond  for  the  use 

25  of  the  schools  of  the  district.  The  treasurer  shall  receive  one 

26  per  cent  upon  all  school  moneys  received  and  disbursed  by 

27  him. 

1 15.  No  money  shall  be  paid  out  by  the  district  treasurer  ex- 

2 cept  on  a draft  signed  by  the  clerk  of  the  board  of  education, 

3 and  specifying  on  its  face  the  particular  account  to  which  the 

4 same  is  chargeable  ; nor  shall  any  credit  be  allowed  to  the 

5 treasurer  in  his  annual  settlement  with  the  district  snperinten- 

6 dent,  upon  any  voucher  except  such  draft. 

1 16.  On  the  fourth  Thursday  of  April  next,  and  every  two 

2 years  thereafter,  on  the  day  of  holding  township  elections,  the 

3 voters  of  the  school  district  of  Wheeling  shall  elect  a superin- 

4 tendent  of  schools  for  said  district,  whose  term  of  office  shall 

5 be  for  two  years,  to  commence  on  the  first  day  of  July  suc- 

6 ceeding  said  election ; and  he  shall  continue  in  office  until  his 

7 successor  is  elected  and  qualified.  He  shall,  before  entering 

8 upon  the  duties  of  his  office,  execute  a bond,  before  the  recor- 

9 der  of  Ohio  county,  in  the  sum  of  five  hundred  dollars,  with 

10  approved  security,  in  which  bond  he  shall  be  liable  in  any 

11  court  having  jurisdiction  to  the  board  of  education  of  the  dis- 

12  trict  for  losses  sustained  by  reason  of  his  neglect  or  non-per- 

13  formance  of  duties  imposed  by  this  act.  Said  bond  shall  be 

14  filed  in  the  office  of  the  recorder,  who  shall  within  five  days, 


8 


15  certify  to  the  state  superintendent  of  schools,  the  name  of  said 

16  district  superintendent. 

1 17.  The  district  superintendent  of  schools  shall  be  liable  to 

2 removal  by  the  board  of  education,  for  any  palpable  violation 

3 of  law  or  omission  of  duty.  But  he  shall  not  be  removed  un- 

4 less  charges  shall  be  preferred  to  the  board,  and  notice  of  the 

5 hearing,  with  a copy  of  the  charges  delivered  to  such  superin- 

6 tendent,  and  opportunity  given  him  to  be  heard  in  his  defence. 

7 When  the  office  shall  become  vacant  from  any  cause,  before 

8 the  expiration  of  the  term  for  which  the  superintendent  shall 
2 have  been  elected,  the  board  of  education  may  fill  the  same  by 

10  appointment,  until  the  next  regular  township  election ; at 

11  which  election  a superintendent  shall  be  elected  by  the  voters 

12  of  the  district. 

1 18.  The  district  superintendent  shall  perfoam  such  duties 

2 with  relation  to  the  schools  of  the  district,  as  are  in  general 

3 required  of  county  superintendent’s  in  section  20  and  21  (as 

4 amended  1865,)  of  the  general  school  law  of  the  State.  He 

5 shall  make  such  report  to  the  State  Superintendent,  of  the 

6 character  and  financial  condition  of  the  schools  of  the  district 

7 as  may  be  necessary,  in  order  to  secure  to  the  district  her 

8 quota  of  the  State  school  fund.  He  shall  make  report  to  the 

9 board  of  education  as  often  as  once  in  each  quarter,  of  the 
10  operations  and  condition  of  the  schools  of  the  district;  and  as 
1 L an  officer  of  the  board  of  education,  he  shall  perform  such  other 
12  duties  as  the  board  may  from  time  to  time  require.  He  shall 


9 


13  receive  for  his  services  such  compensation  as  the  board  may 
1 1 allow. 

1 19.  Sections  47,  49  and  50  of  the  school  law  passed  Decem- 

2 her  10th,  1863,  (amended  1864-5,)  shall  be  applicable  to  the 

3 district  of  Wheeling. 

1 20.  The  treasurer  of  the  district,  shall  annually  in  the 

2 month  of  July,  settle  with  the  district  superintendent,  in  like 

3 manner  as  prescribed  for  township  treasurers  in  section  42 

4 (as  amended  1865)  of  the  general  school  law,  and  at  the  expira- 

5 tion  of  his  term,  said  treasurer  shall  deliver  over  to  his  succes- 

6 sor  in  office,  all  books  and  papers,  with  all  money  or  other 

7 property  in  his  hands  belonging  to  the  school  district,  and 

8 take  receipt  therefor,  which  he  shall  deposit  with  the  clerk  of 

9 the  city  within  ten  days  thereafter. 

1 21.  The  board  of  education  of  the  district  of  Wheeling, 

2 shall  be  a body  corporate,  and  shall  have  the  power  to  sue  and 

3 be  sued,  to  purchase,  receive,  hold  and  convey  real  and  person- 

4 al  property  for  the  school  purposes  of  the  district.  The  title 

5 to  all  the  school  property  of  the  district,  both  personal  and  real 

6 which  has  heretofore  been  held  by  the  school  commissioners  of 

7 the  city  of  Wheeling,  or  the  school  commissioners  of  Ohio 

8 county,  or  by  any  previous  board  of  public  school  officers,  shall 

9 be  deemed  to  be  vested  in  the  board  of  education  of  the  school 

10  district  of  Wheeling. 

1 22.  Teachers  for  the  grammar  and  primary  schools  may  be 

2 employed  by  the  commissioners  of  the  respective  townships, 

3 subject  to  the  approval  of  the  board  of  education.  When  a 


10 

4 high  school  for  the  district  shall  have  been  established,  the 

5 teahers  for  the  same  shall  be  appointed  by  the  board  of 

6 education.  The  board  of  education  may  appoint  two  compe- 
T tent  persons  to  act  with  the  district  superintendent  as  an 

8 examining  committee.  It  shall  be  the  duty  of  said  committee 

9 to  examine  all  applicants  for  positions  as  teachers,  and  to  issue 

10  certificates  of  qualification  in  accordance  with  the  scheme  of 

11  grading  laid  down  in  section  35,  of  the  general  school  law 

12  passed  December  10,  1863,  amended  1864-5.  No  certificate 

13  shall  be  granted  to  any  applicant  who  shall  fail  to  furnish 

14  satisfactory  evidence  of  good  moral  character,  and  loyalty  to 

15  the  government  of  the  United  States  and  the  State  of  West 

16  Virginia,  said  committee  may  hold  stated  meetings  at  such  times 
IT  and  places  as  they  may  deem  advisable,  or  as  may  he  appoin- 

18  ted  by  the  board  of  education.  The  board  of  education  may 

19  prescribe  the  branches  of  study  upon  which  teachers  shall  be 

20  required  to  undergo  examination  for  the  several  schools  of  the 

21  district. 

1 23.  Teachers  shall  be  subject,  in  all  respects,  to  the  rules 

2 and  regulations  adopted  by  the  board  of  education  ; and  they 

3 may  be  removed  by  the  board  for  incompetency,  or  grossly 

4 immoral  conduct,  upon  complaint  of  the  superintendent. 

1 24.  No  provisions  of  the  general  school  law  of  the  State 

2 shall  apply  to  the  school  district  of  Wheeling,  except  those 

3 referred  to  in  this  act. 

1 25.  All  laws  and  acts  heretofore  existing,  in  any  manner 

2 inconsistent  with  the  provisions  ot  this  act,  are  hereby  repealed. 


Senate  Bill  ISTo.  50. 

A BILL  for  the  benefit  of  married  women  in  insur- 
ing the  lives  of  their  husbands. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  It  shall  be  lawful  for  any  married  woman,  by 

2 herself,  and  in  her  name,  or  in  the  name  of  any 

3 third  person,  with  his  assent,  as  her  trustee,  to 

4 cause  to  be  insured,  for  her  sole  use,  the  life  of 

5 her  husband  for  any  definite  period,  or  for  the 

6 term  of  his  natural  life;  and  in  case  of  her 

7 surviving  her  husband,  the  sum  or  net  amount 

8 of  the  insurance  becoming  due  and  payable 

9 by  the  terms  of  the  insurance,  shall  be 

10  payable  to  her,  to  and  for  her  own  use,  free 

11  from  the  claims  of  the  representatives  of  the 

12  husband,  or  of  any  of  his  creditors ; but  such 

13  exemption  shall  not  apply  where  the  amount 

14  of  premium  annually  paid  out  of  the  funds  or 

15  property  of  the  husband  shall  exceed  two 

16  hundred  dollars. 

1 2.  The  amount  of  the  insurance  may  be  made 

2 payable,  in  ease  of  the  death  of  the  wife  before 

3 the  decease  of  her  husband,  to  his  or  to  her 

4 children,  for  their  use,  as  shall  be  provided  in 

5 the  policy  of  insurance,  and  to  their  guardian, 

6 if  under  age. 


■ - 

' 


Senate  Bill  ISTo.  51. 

A BILL  to  abolish  the  office  of  County  Treasurer. 

Be  it  enacted  by  the  Legislature  of  West  Virginia: 

1 1.  The  office  of  county  treasurer  is  abolished. 

2 2.  The  sheriff  of  the  respective  counties  shall 

3 perform  the  duties  heretofore  devolved  by . law 

4 on  the  county  treasurers.  All  orders  required 

5 under  existing  laws  to  be  drawn  by  the 

6 boards  of  supervisors  on  the  county  treasurers 

7 shall  be  drawn  on  the  sheriffs,  and  all  debts 

8 or  allowances  due  from  any  county  shall  be 

9 paid  by  the  sheriff  thereof. 

1 3.  The  boards  of  supervisors  shall  make  set- 

2 tlements  with  the  county  treasurers  before  the 

3 next  annual  county  levies  are  laid,  and  make 

4 such  disposition  of  any  money  due  from  them 

5 as  may  be  just.  The  said  boards  shall  make 

6 or  cause  to  be  made,  annual  settlements  with 

7 the  respective  sheriffs  before  laying  the  county 

8 levies. 


. 

' 

< 

Senate  Bill  !N~o.  52. 

A BILL  to  amend  and  re-enact  the  act  regulating 
Allowances  to  County  Officers. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 The  “Act  fixing  the  limits  for  allowances  to 

2 county  officers,’7  passed  November  7,  1863,  is 

3 hereby  amended  and  re-enacted  so  as  to  read 

4 as  follows : 

5 The  following  named  county  officers  shall  be 

6 allowed,  annually,  by  the  boards  of  supervisors 

7 of  their  respective  counties  for  their  public 

8 services,  [for  which  no  other  fee  or  reward  is 

9 allowed  by  law,]  to  be  paid  out  of  the  county 

10  treasury,  such  sums  as  the  said  boards  deem 

11  reasonable,  to-wit:  prosecuting  attorneys,  not 

12  less  than  one  hundred  or  more  than  six  hundred 

13  dollars;  sheriffs  not  less  than  fifty  or  more 

14  than  two  hundred  dollars ; clerks  of  boards  of 

15  supervisors,  not  less  than  fifty  or  more  than 

16  six  hundred  dollars ; clerks  of  circuit  courts, 

17  not  less  than  fifty  or  more  than  two  hundred 

18  dollars;  and  jailors,  not  less  than  thirty  or 

19  more  than  sixty  dollars ; except  that  the  pros- 

20  ecuting  attorney  for  the  the  circuit  court  of 

21  Ohio  county  shall  be  allowed,  annually,  not 

22  less  than  six  hundred  or  more  than  twelve 

23  hundred  dollars. 


Senate  Bill  ISTo.  53. 

A BILL  to  relinquish  to  the  Maryland  and  Vir- 
ginia Bridge  Company,  the  stock  in  said  com- 
pany belonging  to  the  State. 

Be  it  enacted  by  the  Legislature  of  West  Virginia  : 

1 The  intererest  or  stock  of  this  State  in  the 

2 Maryland  and  Virginia  Bridge  Company  is 

3 hereby  relinquished  to  the  said  bridge  com- 

4 pany,  for  the  benefit  of  the  stockholders  there- 

5 of,  other  than  the  State ; provided,  that  this 

6 act  shall  be  of  no  effect  until  the  said  bridge 

7 company,  shall  cause  to  be  erected  across  the 

8 Potomac  river  at  Shepherdstown,  a bridge 

9 suitable  for  passengers  and  wagons;  provided, 

10  however,  that  if  the  State,  by  her  Legislature, 

11  shall  at  anytime  before  the  said  bridge  com- 

12  pany  shall  have  completed  a bridge  upon  the 

13  piers  and  abutments  owned  by  them,  appro- 

14  priate  on  the  part  of  the  State  an  amount  to- 

15  ward  the  erection  of  the  said  bridge,  propor- 

16  tionate  to  her  interest  in  the  same,  then  the 

17  interest  so  relinquished  shall  revert  and  be- 

18  come  the  property  of  the  State,  as  though  this 

19  act  had  not  been  passed  ; provided  further  that 

20  said  company  shall  so  far  complete  said  bridge 

21  by  the  1st  day  of  June,  1867,  as  to  admit  of  the 

22  passage  of  wagons  over  the  same. 


N 


. 


V 


Senate  ±3ill  ]NTo.  54. 

A BILL  for  the  relief  of  the  Overseers  of  the 
poor  of  the  County  of  Brooke. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  That  it  shall  be  lawful  for  the  overseers 

2 of  the  poor  of  the  county  of  Brooke,  to  make  a 

3 new  report  of  their  expenses  for  the  year  end- 

4 ing  on  the  31st  day  of  March,  1864,  as  now 

5 directed  by  law.  And  to  present  the  report  so 

6 made  to  the  board  of  supervisors  of  the  said 

7 county,  at  their  annual  meeting  in  June,  1866. 

1 2.  The  amount,  which,  according  to  such  re- 

2 port,  the'jaforesaid  overseers  will  require,  shall 

3 be  chargeable  on  said  county  ; and  the  board  of 

4 supervisors  of  the  said  county  of  Brooke,  when 

5 it  orders  the  annual  levy  for  the  year  1866, 

6 shall  provide  for  the  said  amounts  together  with 

7 a sufficient  sum  to  pay  what  interest  may  have 

8 accrued  on  said  amount  till  paid.  It  shall  be 

9 payable  out  of  the  proceeds  of  the  said  levy  to 

10  the  overseers  aforesaid,  and  shall  be  paid  there- 

11  out,  to  such  persons,  and  in  such  sums  as  the 

12  said  board  of  overseers  may  direct. 


* 


Senate  Bill  !N"o.  55. 

A BILL  to  provide  counsel  for  the  poor. 

Resolved  by  the  Legislature  of  West  Virginia: 

1 1.  A poor  person  may  be~allowed  by  a court 

2 to  sue  or  defend  a suit,  whereupon  in  case  he 

3 be  defendant,  he  shall  be  assigned  counsel  by 

4 the  court ; said  counsel  and  officers  of  the  court 

5 to  receive  such  reasonable  fees  as  the  judge 

6 may  see  proper  io  allow.  The  fees,  if  a case  in 

7 which  the  State  is  plaintiff,  to  be  paid  by  the 

8 State  treasurer,  on  being  approved  by  the  audi- 

9 tor.  In  all  other  cases,  whether  plaintiff  or 

10  defendant,  the  attorney  and  officers  shall  be 

11  paid  by  the  county  treasurer  after  being  ap- 

12  proved  by  the  board  of  supervisors. 

1 2.  The  1st  section  of  chapter  185  of  the  Code 

2 of  Virginia,  and  all  acts  inconsistent  with  this, 

3 are  hereby  repealed. 

1 3.  This  act  to  take  effect  from  the  first  day  of 

2 September  1866. 


Senate  Bill  IsTo.  56. 

A BILL  in  relation  to  actions  of  detinue. 

Be  it  enacted  by  the  Legislature  of  W est  Virginia  : 

1 1.  If  the  plaintiff  in  an  action  of  detinue  shall  desire  to  have 

2 immediate  possession  of  the  property  for  the  recovery  of  which 

3 such  action  is  brought,  he  may  at  the  commencement  of  ‘the 

4 action,  or  at  any  time  after,  and  before  judgment,  file  with  the 

5 clerk  of  the  court  in  which  the  action  is  brought,  oris  pending, 

6 or  if  the  action  is  brought  in  a justice’s  court,  with  the  justice 

7 before  whom  the  same  is  brought  or  is  pending,  an  affidavit 

8 stating  the  kind,  quantity  and  value  of  the  property  claimed 

9 by  the  plaintiff*  in  such  action,  and  that  the  affiant  verily  be- 

10  lieves  the  plaintiff*  is  entitled  to  recover  the  same  therein.  He 

1 1 shall,  also,  in  such  case,  execute  a bond  with  good  security,  to 

12  be  approved  by  the  clerk  or  justice,  in  a penalty  at  least 

13  double  the  value  of  the  property  claimed,  payable  to  the  defen** 

14  dant,  with  condition  to  pay  all  costs  and  damages  which  may 

15  be  awarded  against  him,  or  sustained  by  any  person  by  reason 

16  of  such  suit,  and  to  have  the  property  so  claimed  forthcoming 
17v  to  answer  any  judgment  or  order  of  the  court  or  justice  res- 

18  pecting  the  same,  and  shall  file  such  bond  with  the  clerk  or 

19  justice. 


2 


1 2.  If  such  affidavit  and  bond  be  filed  at  the  commencement 

2 of  the  action,  the  clerk  or  justice  shall  endorse  on  the  sum- 

3 mons  an  order  to  the  officer  to  whom  the  same  is  directed,  to 

4 seize  and  take  into  his  possession  the  property  mentioned  in 

5 such  summons.  But  if  the  same  be  filed  after  the  commence- 

6 ment  of  the  action,  the  clerk  or  justice  shall  issue  an  order 

7 reciting  the  pendency  of  the  action,  and  stating  the  kind,  quan- 

8 tity  and  value  of  the  property  for  which  the  action  is  brought, 

9 and  requiring  the  officer  to  whom  the  same  is  directed,  to  seize 

10  and  take  into  his  possession  the  property  mentioned  in  such 

11  order. 

1 3.  It  shall  be  the  duty  of  the  officer  to  whom  any  such  sum- 

2 mons  or  order  is  delivered,  to  proceed  forthwith  to  execute  the 

3 same,  and  he  may,  if  necessary,  break  open  and  enter  any 

4 house  or  other  enclosure  in  which  such  property  may  be,  in 

5 order  to  seize  the  same. 

1 4.  The  defendant,  in  any  such  action,  may  have  the  proper- 

2 ty  taken  possession  of  by  such  officer  by  virtue  of  such  sum- 

3 mons  or  order  returned  to  him  at  any  time  within  three  days 

4 after  such  taking,  upon  executing  a bond  with  good  security, 

5 to  be  approved  by  said  officer,  payable  to  the  plaintiff,  in  a pen- 

6 alty  at  least  double  the  value  of  such  property,  with  condition 

7 to  pay  all  costs  and  damages  which  may  he  awarded  against 


3 


8 him  in  said  action,  and  all  damages  which  may  be  sustained  by 

9 any  person  by  reason  of  the  return  of  said  property  to  him,  and 

10  to  have  the  property  forthcoming  to  answer  any  judgment  or 

11  order  of  the  court  or  justice  respecting  the  same,  which  bond 

12  shall  be  delivered  to  such  officer,  and  by  him  returned  to  the 

13  office  of  the  clerk  or  justice  who  issued  such  summons  or  or- 

14  der.  Upon  the  reception  of  such  bond  by  the  officer  aforesaid, 

15  he  shall  forthwith  return  the  property  so  taken  by  him  to  the 

16  defendant ; but  in  case  no  such  bond  be  delivered  to  such 

17  officer  within  said  three  days,  said  property  shall  be  delivered 

18  by  said  officer  to  the  plaintiff. 

1 5.  Either  party  may,  upon  reasonable  notice  to  the  other, 

2 except  to  the  sufficiency  of  the  sureties  in  the  bond  of  such 

3 party,  and  the  court,  or  the  judge  thereof  in  vacation,  or  the 

4 justice  before  whom  such  action  is  pending,  may,  upon  the 

5 hearing  of  such  exceptions,  make  such  order  in  the  premises 

6 as  may  seem  just  and  equitable. 

1 6.  Upon  the  final  trial  of  any  such  action,  if  the  verdict  be 

2 for  the  plaintiff  and  he  be  not  already  in  possession  of  the 

3 property  claimed,  the  judgment  shall  be  that  he  recover  the 

4 possession  of  said  property  if  a recovery  thereof  can  be  had, 

5 and  if  not,  that  he  recover  the  value  thereof  as  found  by  such 

6 verdict,  and  in  either  event  that  he  recover  the  damages,  if 


4 


T any  assessed  by  the  jury  for  the  detention  of  said  property, 

8 and  his  costs  in  such  action.  And  it  shall  be  the  duty  of  the 

9 jury  in  such  cases  to  ascertain  and  assess  such  damages  as  the 

10  plaintiff  has  sustained  by  reason  of  the  detention  of  such  prop- 

11  erty  by  the  defendant.  If  the  plaintiff  be  already  in  posses- 

12  sion  of  such  property,  the  judgment  shall  be  that  he  retain  the 
18  possession  thereof,  and  for  damages  and  costs  as  aforesaid.  In 

14  case  the  verdict  at  such  trial  be  for  the  defendent,  if  the  plain- 

15  tiff  be  in  possession  of  the  property  claimed,  the  jury  shall  in 

16  like  manner  ascertain  and  assess  the  damages  sustained  by  the 

17  defendant  by  reason  of  the  detention  of  said  property  by  the 

18  plaintiff,  and  also  the  value  of  said  property,  and  judgment 

19  shall  be  entered  upon  such  verdict  in  all  respects  as  is  provided 

20  in  case  the  verdict  be  for  the  plaintiff. 

1 7.  The  execution  issued  in  such  cases  shall  conform  in  all 

2 things  to  the  judgment  entered  therein. 


Senate  Bill  IsTo.  58. 

A BILL  for  the  protection  of  the  loyal  citizens  of 
the  State,  and  for  the  repeal  of  certain  acts 
therein  named. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  No  suit  or  action  shall  be  maintained  in 

2 the  courts  of  this  State,  against  any  person  for 

3 any  act  done  in  the  suppression  of  the  late 

4 rebellion;  and  it  shall  be  a sufficient  defense  to 

5 such  suit  or  action,  to  show  that  such  act  was 

6 done  in  obedience  to  the  orders,  or  by  the 

7 authority  of  any  civil  or  military  officer  of  this 

8 State,  of  the  reorganized  Government  of  Vir- 

9 ginia,  or  the  Government  of  the  United  States; 

10  or  that  said  act  was  done  in  aid  of  the  purposes 

11  and  policy  of  said  authorities,  in  retarding, 

12  checking  and  supporting  the  late  rebellion. 

1 2.  The  27  section  of  the  act  entitled  “An  act 

2 to  amend  and  re-enact  sections  23,  27  and  28 

3 of  chapter  151,  and  section  13,  chapter  170  of 

4 the  Code  of  Virginia,77  passed  February  11, 

5 1865,  and  the  act,  chapter  79,  passed  February 

6 28,  1865,  be  and  the  same  are  hereby  repealed. 


' 


’ 

Senate  Bill  ]STo.  59. 

A BILL  to  amend  the  license  law. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 The  6th  section  of  an  act  passed  November 

2 28,  1863,  entitled  “An  Act  Concerning  Licens- 

* 

3 es,”  be  amended  to  read  as  follows : 

4 6.  Upon  credible  complaint  in  writing  made 

5 to  him,  or  on  his  own  knowledge  of  any  breach 

6 of  the  condition  of  such  bond  as  is  mentioned 

7 in  the  fifth  section,  the  prosecuting  attorney  of 

8 the  county  shall,  from  time  to  time,  put  the 

9 same  in  suit,  and  recover  for  each  breach  the 

10  sum  of  ten  dollars,  for  the  use  of  the  county, 

11  until  the  penalty  is  exhausted;  in  all  such 

12  suits,  in  addition  to  the  costs  to  the  justice  and 

13  other  offices,  a fee  of  five  dollars  to  the  prose- 

14  cuting  attorney  shall  be  taxed  to  the  defendant. 


Senate  Bill  ]STo.  66. 

A BILL  in  relation  to  oaths  of  suitors. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 The  act  entitled  “An  Act  to  prevent  the 

2 prosecution  of  oaths  and  the  sueing  out  of 

3 process  by  persons  engaged  in]  the  rebellion,” 

4 passed  Febuary  28,  1865,  shall  not  apply  to 

5 any  case  wherein  the  cause  of  action  arose 

6 since  the  first  day  of  April  1865,  or  shall  here- 

7 after  arise  ; nor  shall  any  plaintiff  be  required 

8 to- take  any  of  the  oaths  prescribed  by  the  said 

9 act,  until  the  defendent  or  defendents  shall  take 

10  and  file  with  the  papers  of  the  cause,  in  addi- 

11  tion  to  the  oath  required  by  the  said  act  for 

12  defendants,  the  same  oath  which  plaintiffs  may 

13  be  required  to  take  under  the  said  act. 


- » 


■ 


' 


* 


Senate  Bill  ISTo.  67. 

A BILL  in  relation  to  the  Guyandotte  Navigation 

Company. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1 1.  The  said  Guyandotte  Navigation  Com- 

2 pany  is  and  shall  continue  to  be  a body  corpo- 

3 rate  under  the  name  and  style  of  “the  Guyan- 

4 dotte  Navigation  and  Land  Company/7  with 

5 the  rights  and  powers  conferred  by  the  acts  of 

6 the  General  Assembly  of  Virginia,  passed  the 

7 16th  day  of  March,  1849,  4th  day  of  March, 

8 1851,  and  the  28th  day  of  February,  1860,  and 

9 subject  to  the  duties  and  obligations  imposed 

10  by  said  acts,  except  so  far  as  the  same  are 

11  inconsistent  with  this  act. 

1 2.  The  interests  and  stock  of  the  State  in 

2 said  Navigation  company,  is  relinquished  to 

3 the  stockholders  other  than  the  State,  provided 

4 said  company  shall  improve  the  navigation  of 

5 the  Guyandotte  river,  in  the  manner  contem- 

6 plated  by  the  existing  charter,  or  by  substitu- 

7 ting  for  locks  and  dams,  sluices  with  wing 

% 

8 dams,  the  whole  or  any  part  of  the  distance 

9 mentioned  in  said  charter,  which  it  is  authori- 


2 

10  zed  to  do,  if  deemed  more  expedient ; shall 

11  commence  the  work  within  two  years  and 

12  complete  the  same  within  ten  years  from  and 

13  after  the  passage  of  this  act;  or  account  to  the 

14  State  for  the  now  present  value  of  the  stock 

15  and  interest  hereby  relinquished,  with  interest 
15  from  the  date  of  this  act. 

1 3.  Said  company  is  authorized  to  increase 

2 its  capital  stock  to  an  amount  not  to  exceed 

3 $3,000,000,  and  sell  and  dispose  of  the  same ; 

4 to  purchase,  hold  and  dispose  of  by  title,  legal 

5 or  equitable,  all  <he  right,  title,  interest  and 

6 estate  now  owned  by  the  stockholders,  other 

7 than  the  State,  or  any  of  them,  in  their  individ- 

8 ual  capacity,  or  by  those  claiming  under  them 

9 or  anv  of  them,  in  the  four  Samuel  Smith 

10  surveys,  which  lie  contiguous  to  each  other 

11  and  mostly  upon  said  Guyandotte  river,  and  its 

12  tributary  waters,  and  include  in  their  exterior 

13  boundaries,  379,000  acres,  with  other  lands 

14  lying  within  the  limits  aforesaid  or  contiguous 

15  to  said  river,  not  to  exceed  in  all  379,000  acres 

16  and  deliver  its  stock  in  payment  thereof,  or 

17  any  part  thereof,  to  clear  out  and  otherwise 

18  improve  the  streams,  that  are  tributary  to  said 

19  Guyandotte  river,  and  any  other  streams  that 


3 

20  m ay  afford  convenient  outlets  to  the  Ohio  l iver 

21  for  the  products  of  its  lands ; and  to  construct 

22  rail  and  other  roads,  from  any  part  of  its  lands, 

23  which  shall  connect  with  its  improvements,  or 

24  other  improvements  that  may  be  built,  provi- 

25  ded,  the  vested  rights  of  individuals  shall  not 

26  be  invaded  or  infringed,  except  due  compensa- 

27  tion  shall  be  made  according  to  law,  and  to 

28  charge  and  collect  such  tolls  upon  its  improve- 

29  ments  as  shall  be  deemed  reasonable,  subject 

30  however  to  the  approval  of  the  board  of  public 

31  works,  or  the  Legislature. 

1 4.  Said  company  shall  have  power  to  improve 

2 and  sell  its  lands,  develop  their  resources,  and 

3 to  sell  and  transport  to  market  the  products 

4 thereof,  to  manufacture  the  raw  material 

5 coming  therefrom,  or  from  other  sources,  and 

6 to  sell  or  otherwise  dispose  of,  and  to  transport 

7 the  manufactured  articles  to  market ; and  to 

8 sell  and  dispose  of  its  lands,  or  any  part  there- 

9 of,  in  the  manner  it  may  deem  best  to  individ- 

10  uals  or  corporations,  to  hold,  use  and  sell,  or 

11  otherwise  dispose  of  to  others,  the  water  power 

12  that  may  be  created  by  the  erection  of  locks 

13  and  dams,  upon  the  Guyandotte  river,  if  that 

14  mode  of  improvement  shall  be  adopted. 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 


4 


5.  Granville  Parker,  Esq.,  president  of  said 
company,  is  authorized  to  call  a meeting  of  the 
stockholders,  Other  than  the  State,  at  any  time 
within  six  months  after  the  passage  of  this  act, 
at  such  place  as  he  shall  deem  most  convenient, 
giving  reasonable  notice  for  the  purpose  of 
laying  before  them  this  act,  and  if  accepted  of 
electing  a board  of  directors  and  president, 
who  shall  inform  the  board  of  public  works  of 
such  acceptance  and  transact  any  other  neces- 
sary business.  At  all  general  meetings  and 
elections,  each  stockholder  may  in  person,  or 
by  proxy,  cast  one  vote  for  every  share  of  stock 
owned  by  him,  said  company  shall  have  its 
principal  office  of  business  in  Cabell  county  in 
this  State,  where  the  meeting  of  its  stockholders 
shall  be  held,  but  may  have  a branch  office  in 
the  city  of  New  York,  where  the  first  meeting 
of  its  stockholders  may  be  held. 


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